Common use of DISPUTES SETTLEMENT PROCEDURE Clause in Contracts

DISPUTES SETTLEMENT 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer 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 job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 . The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 . All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 . In the event of any work-related grievance arising between the Employer 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 job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 . This procedure shall be followed in good faith without unreasonable delay. 9.6 . If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 . Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT PROCEDURE. 9.1 7.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work Employee related or industrial matter (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 7.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 7.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 7.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner: (a) 7.4.1 The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) 7.4.2 Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee Employee representative or other representative. (c) 7.4.3 If still not resolved, there may be discussions between the relevant Union official (if requested by the employeeEmployee/s), or another other representative of the employeeEmployee, and senior representative of the Employer. (d) 7.4.4 Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 7.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 7.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 . Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes codes or Regulations.regulations, including the Code

DISPUTES SETTLEMENT PROCEDURE. 9.1 8.1 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 8.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 8.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 8.4 In the event of any work-related grievance arising between the Employer 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 job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 8.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 8.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 8.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT PROCEDURE. 9.1 A major objective The parties to this Agreement will operate under a dispute settlement procedure and it is the intention of the parties that the procedure will be strictly adhered to. The following procedure will apply in the event of an industrial issue arising: Any dispute or grievance that arises at the workplace between an employee(s) and the employer about the interpretation or application 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is any matters pertaining to the express priority relationship of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer employer and an Employee or Employees, the matter shall employee must be dealt with in the following manner: (a) The matter shall must first be first submitted discussed by the Employee/s aggrieved employee(s) directly with his or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer.their immediate supervisor; (b) AlternativelyIf the matter remains in dispute, it must next be discussed with the Employer may submit an issue to the Employee/s who may seek the assistance and involvement supervisor’s immediate supervisor or another representative of the job delegate/employer appointed for the purpose of this procedure. The TWU delegate for the worksite has the right to attend at and participate in this discussion as the representative of an employee provided that the TWU delegate is the representative or other representative.of the employee’s choice; (c) If still not resolvedthe matter remains in dispute, there may it must next be discussions between discussed with the relevant Union official (if requested by manager of the employee. The relevant TWU State Secretary (or his/s), or another her nominee) has the right to attend at and participate in this discussion as the representative of the employee provided that the relevant Stet Secretary is the representative of the employee, and senior representative of the Employer.’s choice; (d) Should If the matter remain unresolvedremains in dispute, either it must next be submitted to the Australian Industrial Relations Commission (AIRC) for conciliation. For this purpose, it is agreed that the action the AIRC may take includes: (i) Arranging conferences of the parties or their representative representatives at which the AIRC is present; and (ii) Arranging for the parties or their representatives to confer among themselves as conferences at which the AIRC is not present. (e) if the matter is not resolved in conciliation conducted by the AIRC, the parties agree that the AIRC shall refer proceed to arbitrate the dispute at first instance and/or otherwise determine the rights and/or obligations of the parties to FWC the dispute. In relation to such an arbitration, the parties agree that: (i) The AIRC may give all such directions and do all such things as are necessary for review. FWC may exercise conciliation and/or arbitration powers the just resolution of the dispute, including but not limited to those things set out in such reviewsection 111(1) of the Workplace Relaces Act 1996 (subject to section 711 (2) of that Act, or as amended). 9.5 This procedure (ii) Before making a determination the AIRC will give the parties an opportunity to be heard formally on the matter(s) in dispute. (iii) In making its determination the AIRC will only have regard to the materials including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concession, offers or claims made in conciliation. (f) The decision of the AIRC will be binding on the parties subject to the following agreed matters: (i) There shall be followed in good faith without unreasonable delaya right of appeal to a Full Bench of the AIRC against the decision, which must be exercised within 21 days of the decision being issued or within such further time as the Full Bench may allow. 9.6 If any party fails or refuses (ii) The appeal will be conducted in accordance with the legal principles applying to follow any step of this procedure an appeal in the non-breaching party will not be obligated strict sense. (iii) The Full Bench shall have the power to continue through stay the remaining steps decision pending the hearing and determination of the procedure and may immediately seek relief by application to FWCappeal. 9.7 Any resolution (iv) The decision of a dispute under this clause by the FWC Full Bench in the appeal will not be inconsistent with legislative obligations or any other applicable Codes or Regulationsbinding upon the parties.

DISPUTES SETTLEMENT 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer 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 job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT PROCEDURE. 9.1 A major objective of this Agreement is Every endeavour will be made to eliminate lost time and/or production arising out of resolve matters which may arise on the job by consultation between PWCS, its employees and their representatives. Grievances or disputes or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following mannersteps: (a) The matter In the event of a grievance or dispute arising at work an employee shall be first submitted by raise it with the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the EmployerSupervisor. (b) AlternativelyIf the matter remains unresolved, the Employer may submit an issue to employee shall discuss it with the Employee/s who may seek the assistance appropriate Supervisor and involvement of the job delegate/shift delegate or employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of unresolved at this level the employee, and senior their representative of and/or Union delegate shall consult with the Employerappropriate Superintendent or the Superintendent’s nominated representative. (d) Should If the matter remain unresolvedremains unresolved then the employee, either their representative and/or Union Delegate shall consult with the appropriate Department Manager or the Department Manager’s nominated representative. (e) If the matter remains unresolved then the employee, their representative and/or Union Delegate have the option of having the matter reviewed by the General Manager or the General Manager’s nominated representative. (f) If the matter remains unresolved and the employee wishes the Union delegate shall inform an official of the parties or their Union concerned of the nature of the issue in dispute and discussions shall be held between the appropriate Department Manager and/or PWCS’s nominated industrial representative shall refer and the dispute at first instance Union official and/or delegate(s). See subclause (i) for timeframe. The SBU may be called upon to FWC for review. FWC may exercise conciliation and/or arbitration powers in such reviewresolve any outstanding industrial issues that affect both sites. 9.5 This procedure (g) If the matter remains unresolved it shall be followed in good faith without unreasonable delayreferred to the State or National office of the Union and discussions shall then be held between PWCS’s nominated representatives and the representatives of the State or National office of the Union. 9.6 (h) If agreement has not been reached the matter shall then be referred to the IRC for conciliation or if necessary by arbitration. (i) It is agreed that the procedure outlined above shall be implemented as expeditiously as possible and, should any party fails or refuses to follow feel that undue delay is being occasioned at any step of this in the procedure, then it may with notification to the other party seek to have the next step in the procedure initiated forthwith. (j) Whilst the non-breaching party will not above procedure is being followed, work shall continue as normal except where there is an issue where people’s health and safety would be obligated threatened if they were to continue through to work. (k) The status quo before the remaining steps emergence of the grievance or dispute shall continue whilst the above procedure is being followed. For this purpose "status quo" means the work procedures and may practices in place immediately seek relief by application prior to FWCthe change that caused the dispute. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT PROCEDURE. 9.1 A major objective of this Agreement is Every endeavour will be made to resolve matters which may arise on the job by consultation between PWCS, its employees and their representatives to eliminate lost time and/or production arising out industrial confrontation and to avoid interruption to the performance of disputes or grievanceswork and consequential loss of operations and wages. Disputes over any work related or industrial matter (including The parties agree that in the event of a dispute about whether a workplace right has been breached) 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 concerning this Agreement (agreement or any other dispute matter related specifically to the employment relationship performance of work at the workplace then the parties will seek to resolve the grievances or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure.the following steps: 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 a) In the event of any work-related a grievance or dispute arising between at work an employee shall first raise it with the Employer and an Employee or Employeesappropriate Supervisor. b) If the matter remains unresolved, the matter employee shall be dealt discuss it with in the following manner: (a) The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer Supervisor and if not settled, to they so choose a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, ’s choice. c) If unresolved at this level the employee and senior if they so choose a representative of the Employeremployee’s choice shall consult with the appropriate Superintendent or the Superintendent’s nominated representative. (d) Should If the matter remain unresolved, either remains unresolved then the employee and if they so choose a representative of the parties employee’s choice shall consult with the appropriate Department Manager or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such reviewDepartment Manager’s nominated representative. 9.5 This e) If the matter remains unresolved then the employee and representative of the employee’s choice have the option of having the matter reviewed by the General Manager or the General Manager’s nominated representative. f) If agreement has not been reached the matter shall then be referred to the IRC of NSW for conciliation or if necessary by arbitration pursuant to the Referral Agreement dated 21 November 2007. g) It is agreed that the procedure outlined above shall be followed implemented as expeditiously as possible and, should any party feel that undue delay is being occasioned at any step in good faith without unreasonable delaythe procedure, then it may with notification to the other party seek to have the next step in the procedure initiated forthwith. 9.6 If any party fails or refuses to follow any step of this h) Whilst the above procedure the non-breaching party will not is being followed, work shall continue as normal except where there is an issue where people’s health and safety would be obligated threatened if they were to continue through to work. i) The status quo before the remaining steps emergence of the grievance or dispute shall continue whilst the above procedure is being followed. For this purpose “status quo” means the work procedures and may practices in place immediately seek relief by application prior to FWCthe change that caused the dispute. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 . The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 . All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 . In the event of any work-work related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner: (a) i. The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) ii. Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) iii. If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another other representative of the employee, and senior representative of the Employer. (d) iv. Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 . This procedure shall be followed in good faith without unreasonable delay. 9.6 . If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure procedure, and may immediately seek relief by application to FWC. 9.7 . Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT PROCEDURE. 9.1 A major objective The procedure for the resolution 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 (including a dispute about whether a workplace right has been breacheddisputes: a) or About any matters arising out under the Agreement; or b) In relation to the NES; or c) Matters pertaining to the employment relationship between the Employee and the Company, will be in accordance with the following: Procedure for dispute between employees and the company: a) The Employee is required to notify (in writing or otherwise) their supervisor or manger as to the substance of the operation grievance, request a meeting to discuss the grievance and state the remedy sought. b) A grievance should initially be dealt with as close to the source as possible with graduated steps for further discussion and resolution at higher levels of authority. c) Reasonable time limits must be allowed for a discussion at each level. d) At the conclusion of the Agreement discussion. the supervisor or incidental manager must provide a reasonable response to the operation Employee's grievance which may include advise to the effect that if the grievance cannot be resolved at the site level the matter will then be referred to senior management with the aim of resolving the Agreement dispute) The Employee may appoint another person, organisation or association to accompany or represent them in the whole or part of this procedure. Procedure for a dispute between the company and employees: a) A question, dispute or difficultly should initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority. b) Reasonable time levels must be allowed for discussion at each level of authority. c) A party to the dispute may appoint another person, organisation or association to accompany or represent them in the whole or part of this procedure. Disputes over matters Procedure for referring disputes to Fair Work Commission: a) Subject to if a dispute in relation to a mater arising from under this Agreement (or any other the NES is unable to be resolved at the workplace and all agreed steps for resolving it have been taken the dispute related may be referred to Fair Work Commission for resolution by mediate and/or conciliation and if the dispute remains unresolved, by arbitration. b) If arbitration is necessary Fair Work Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. c) The decision of the Member will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. d) A part to the employment relationship dispute may appoint another person, organisation or association to accompany or represent them in the NESproceedings before Fair Work Commission. e) Despite the foregoing, including subsections the Fair Work Commission may deal with any dispute arising pursuant to sections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according Act 2009. Work to continue While the following procedure. 9.2 The pre-parties are trying to resolve the dispute status quo shall prevail while using the matter is being dealt with procedures in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following mannerterm: (a) The matter shall be first submitted status quo antes will prevail, unless he or she has a reasonable concern about an imminent risk to his or her health or safety; then b) An employee must comply with a direction given by the Employee/s employer to perform other available work at the same workplace or his/her job delegate/ at another workplace, unless: i. Applicable occupational health and safety legislation would not permit the work to be performed; or ii. The work is not appropriate for the employee representative or to perform; or iii. The Employee can demonstrate other representative, reasonable grounds to refuse to comply with the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employerdirection. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 . The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 . All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 . In the event of any work-work related grievance arising between the Employer 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 job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another other representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 . This procedure shall be followed in good faith without unreasonable delay. 9.6 . If any party fails or refuses to follow any step of this procedure the non-non breaching party will not be obligated to continue through the remaining steps of the procedure procedure, and may immediately seek relief by application to FWC. 9.7 . Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work FW Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a disputeDispute. It is the express priority of all Parties to attempt to settle a dispute Dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer 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 job delegate/ employee Employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee Employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employeeEmployee/s), or another representative of the employeeEmployee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute Dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT PROCEDURE. 9.1 A major objective 49.1 Union members are entitled to be represented by their Union at every stage of this Agreement is process. Employees who are not Union members may also choose to eliminate lost time and/or production arising out be represented. Each party shall recognise the other’s representative for all purposes involved with the resolution of disputes the dispute. 49.2 If a dispute arises about this Agreement, the NES (including subsections 65(5) or grievances. Disputes over 76(4)), or any work other work-related or industrial matter (matter, including a dispute about whether a workplace right has rights have been breached) , the parties will attempt to resolve the dispute in a timely manner by discussions at the workplace: 49.2.1 Initially discussions will take place between the employee or any matters arising out of employees concerned, the operation of Union’s Sub Branch Secretary or organiser, and the Agreement relevant supervisor 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following proceduremanagement representative. 9.2 The pre-49.2.2 If the dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint not resolved as a representative in relation to a dispute. It is the express priority result of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, those discussions the matter shall be dealt with in the following manner: (a) The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, referred to the site foreperson/supervisor or the other appropriate site representative of the Employer Union Official and if not settled, to a more senior management representative for further discussion. 49.2.3 In the event that the dispute remains unresolved further discussions shall take place between an appropriate senior Official of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance Union and involvement of the job delegate/employee representative or other management representative. (c) 49.3 If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of cannot be resolved by discussions in the parties or their representative shall workplace a party may refer the dispute at first instance to FWC the Fair Work Commission for reviewresolution by conciliation, or arbitration if necessary. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute outcome determined under this clause by the FWC will cannot be inconsistent with legislative obligations obligations. 49.4 If a party is represented by a Union representative, or other representative, who is not present in the workplace, discussions in relation to the issue will not proceed until the Union representative or other representative is able to attend, as long as the representative attends the site within 24 hours of being notified of the need for attendance. 49.5 At any stage in the procedure either party or their representative may ask for, and be entitled to receive, a response from the other applicable Codes party or Regulationstheir chosen representative within 24 hours, if a response is not received the matter may be referred directly to the Fair Work Commission. 49.6 The Fair Work Commission may exercise such powers in relation to conciliation and arbitration as are necessary to make the conciliation or arbitration effective, including all of the powers given to the Fair Work Commission by the Fair Work Act 2009. 49.7 The parties to the dispute and their representatives must act in good faith in relation to the dispute. 49.8 While this dispute settlement procedure is being followed, except where a bona fide occupational health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the subject matter of the grievance or dispute occurring will not be altered. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this clause.

DISPUTES SETTLEMENT 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 10.1 In the event of any work-related grievance arising a dispute between the Employer employer and an Employee employee or Employeesemployees about any matters arising under the Agreement, or in relation to the National Employment Standards, the matter dispute shall be dealt with in the following manner: (a) The matter 10.2 In the first instance, the dispute shall be first submitted taken up with the supervisor by the Employee/s employee(s) concerned. 10.3 If the dispute is not satisfactorily resolved in accordance with subclause 10.2 here of, the employee(s) shall approach the employer or his/her job delegate/ employee its representative or other representativefor discussion and/or negotiation regarding the matter. 10.4 If settlement cannot be reached through the above procedures, a party to the site foreperson/supervisor or Agreement may refer the other appropriate site representative matter to Fair Work Commission (‘FWC’) for conciliation. The parties agree that the best form of resolving the Employer and if not settleddisputes is by conciliation. In using this method, the parties shall make every effort to achieve a more senior representative of the Employersuccessful outcome. (b) Alternatively10.5 The parties agree that arbitration should only be used as a last recourse, the Employer may submit an issue if a party to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representativeAgreement believe conciliation has been exhausted. (c) 10.6 If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolvedis not resolved by conciliation, then either of the parties or their representative shall may refer the dispute at first instance matter to FWC for reviewarbitration. The parties may identify a particular member of FWC who will arbitrate the matter in dispute and failing agreement on the selection of the member, it will be before a member allocated by FWC. In exercising its functions in this dispute resolution clause 10, FWC may exercise conciliation and/or arbitration such procedural powers in such reviewrelation to hearings, witnesses, evidence and submissions as are necessary to make the arbitration effective. 9.5 This procedure shall be followed 10.7 The decision of FWC in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of arbitration under this procedure may be appealed to a Full Bench of FWC. That appeal may be an appeal on a question of law and/or an appeal on the non-breaching party will not be obligated to continue through merits. The Full Bench may hear the remaining steps appeal and exercise such powers in respect of the procedure and may immediately seek relief by application appeal as provided to a Full Bench in the Act, as if the arbitrated decision were an order of FWC. 9.7 Any 10.8 Employees may appoint a representative of their choice to assist in the resolution of the dispute. The employee representative may be a dispute under this clause by union delegate, full time official of the FWC will not be inconsistent with legislative obligations Union, or any other applicable Codes or Regulationsperson chosen by the employee. 10.9 Whilst the above steps are being carried out the parties will ensure that work continues normally.

DISPUTES SETTLEMENT 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 (including a dispute about whether a workplace right has been breached) 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 or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 . The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 . All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 . In the event of any work-work related grievance arising between the Employer 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 job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another other representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 . This procedure shall be followed in good faith without unreasonable delay. 9.6 . If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure procedure, and may immediately seek relief by application to FWC. 9.7 . Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT PROCEDURE. 9.1 A major 21.1 The objective of this Agreement the dispute settlement procedure is as follows: (a) to eliminate lost time and/or production arising out promote resolution of disputes by measures based on consultation, co- operation and discussion; (b) to reduce the level of industrial confrontation; (c) to avoid interruption to the performance of work and the consequential loss of production and wages; (d) to improve the quality of the work environment 21.2 Any dispute or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached‘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 raised by Fonterra arising from this Agreement (Agreement, an employee or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) a group of the Fair Work Act) employees shall be dealt settled in accordance with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner: (a) The matter Matter shall first be first submitted discussed between the appropriate supervisor, the employee concerned or the group of employees concerned (and where requested by an employee or employees, the Employee/s or his/her job delegate/ employee Union workplace representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer). (b) AlternativelyIf the Matter remains unresolved a more senior manager of Fonterra, the Employer may submit employee concerned or the group of employees concerned (and where requested by an issue to employee or employees, the Employee/s who may seek the assistance and involvement of the job delegate/employee Union workplace representative or other representative) shall attempt to resolve the Matter. (c) If still not resolved, there may be discussions between the relevant Union official Matter remains unresolved any party to the dispute (if and where requested by an employee or employees, the employee/sUnion workplace representative or other representative) may refer it for conciliation and/or arbitration by the Australian Industrial Relations Commission (“Commission”), or another representative of the employee, and senior representative of the Employer. (d) Should If arbitration is necessary the matter remain unresolved, either Commission shall have the power to do all such things as are necessary for the just resolution or determination of the Matter. This includes exercising of procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. (e) The parties or their representative shall refer to the dispute at first instance will abide by the decision of the Commission, subject to FWC for review. FWC may exercise conciliation and/or arbitration powers in such reviewany party to the dispute exercising a right of appeal against the decision to a Full Bench of the Commission. 9.5 This 21.3 While the Matter in dispute is being discussed in accordance with the procedure set out above, the status quo as applying before the circumstances giving rise to the dispute shall be followed in good faith without unreasonable delaymaintained. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

DISPUTES SETTLEMENT PROCEDURE. 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances30.1. Disputes over any work related or industrial matter (including If a dispute about whether relates to a workplace right has been breached) or any matters matter arising out of the operation of under 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 or the NES, including subsections 65(5this term sets out procedures to settle the dispute. 30.2. The Employer or an Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. For the avoidance of doubt, the representative may be a union official. 30.3. In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee(s) or 76(4) of and relevant supervisors and/or management. 30.4. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Act) shall be dealt Commission (FWC). 30.5. The FWC may deal with according the dispute in 2 stages: a. the FWC 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 FWC is unable to resolve the dispute at the first stage, the FWC may then: i. arbitrate the dispute with consent of both parties; and ii. if both parties agree to arbitration, make a determination that is binding on the parties. c. Following arbitration, the parties have the right of appeal to the Full Bench of the FWC, and, following procedurethis, to Federal Courts (and the High Court), as the case may be. 9.2 30.6. While the parties are trying to resolve the dispute using the procedures in this term: a. an Employee must continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety; and b. an Employee must comply with a direction given by the Company 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. 30.7. The pre-parties to the dispute status quo shall prevail while the matter is being dealt with agree to be bound by a decision made by FWC in accordance with this procedureterm. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer 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 job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.