DISPUTES SETTLEMENT PROCEDURES. (a) Any dispute or claim arising out of the operation or application of this Agreement or the NES shall be settled in the following manner:
(i) The matter shall first be discussed between the employee and their supervisor/manager.
(ii) The employee or employees concerned may choose a representative to discuss the matter with the manager or other appropriate officer of the Company.
(iii) If the matter involves the employee’s supervisor or manager, the matter shall be discussed with the Branch Manager.
(iv) If settlement is not reached at clause 2.2 (a) (iii) either party may refer the matter to the General Manager or Human Resources for resolution.
(v) If the matter is still not settled it may be submitted by the employee, the employee’s representative, or the Company to a member of FWC, for mediation or conciliation and if the dispute cannot be resolved by mediation or conciliation, by agreed arbitration.
(vi) At any stage during this process, employees may appoint a representative, to act on their behalf. The company should be notified of this appointment.
(b) In order to facilitate the procedure above:
(i) the party with the grievance must notify the other party at the earliest opportunity of the problem;
(ii) throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
(iii) sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible.
(c) While the parties are attempting to resolve the matter, the parties will continue to work in accordance with this Agreement and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety.
(d) Subject to relevant provisions of the relevant occupational, health and safety legislation, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by the Company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
DISPUTES SETTLEMENT PROCEDURES. 39.1 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 disputes concerning the National Employment Standards 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 disputes concerning the National Employment Standards (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure.
39.2 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 where at each step an employee may be represented including for the purposes of a formal determination procedure by the Fair Work Commission:
(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 Enterprise, and if not settled, to a more senior Enterprise representative.
DISPUTES SETTLEMENT PROCEDURES. The Parties agree to the elimination of lost time if a dispute arises. To achieve a prompt resolution it is agreed that the most effective procedure is for the responsibility for resolution to remain as close to the source of the dispute as possible. Accordingly, the following procedures are agreed:- Discussion at the workplace between those parties directly affected, if these parties are unable to resolve the dispute within 48 hours, then; Xxxxxx Bros management and delegates will adopt the role of facilitator to assist the parties to resolve their dispute amicably. If the dispute still cannot be resolved, within a further 48 hours then; Xxxxxx Bros Management and the union organizer shall negotiate settlement of the dispute. If a settlement satisfactory to both parties cannot be negotiated, then; Senior Xxxxxx Bros management and the state secretary of the union or their nominees shall continue negotiations. If a settlement, cannot be agreed within seven (7) days of such a meeting then either party may; Refer the matter to the Industrial Relations Commission of New South Wales or if access to the Industrial Relations Commission is prohibited by law, another court or tribunal allowed by law for resolution and determination and such decision shall be binding on the parties subject to the legal rights of appeal. The parties to the Agreement agree that work shall continue without interruption or dislocation throughout the period of discussions and negotiations. Whilst these phases are in place the status quo, that being the position immediately before the dispute that gives rise to the dispute, should be maintained. If either party refers the dispute to the Industrial Relations Commission of New South Wales, then an from having necessary meetings with its members order of the Commission arising from an arbitration will be accepted, subject to any appeal. The Union shall not be prevented following completion of Phase III of this procedure. It is also agreed that any meeting will be arranged to provide a minimum of interruption to Xxxxxx Bros operations and to this end, it is agreed that a maximum of three hours would beappropriate for such meetings and such meetings would not be appropriate until after completion of Phase III of this Dispute Settlement Procedure.
DISPUTES SETTLEMENT PROCEDURES. (a) Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any employee and/or as to any other industrial matter pertaining to the relations of the employer with the employees shall be settled in the undermentioned manner:-
(i) The matter shall first be discussed between the aggrieved employee and their supervisor.
(ii) If settlement is not reached the matter shall be discussed between the employee or a representative of the employee’s choice and the site manager or other appropriate officer of the employer.
(iii) If not settled the matter shall then be discussed between the employee or the representative of the employee’s choice and the appropriate representative of the employer.
(iv) If agreement is not reached, the matter shall then be discussed between a representative of the head office of the company and the employee or a representative of the employee.
(v) If the matter is still not settled it shall be submitted to a member of the Australian Industrial Relations Commission to assist the parties to resolve the dispute by mediation.
(b) Until the matter is determined, the status quo will prevail.
(c) In order to facilitate the procedure in clause 3.1(a):
(i) The party with the grievance must notify the other party at the earliest opportunity of the problem;
(ii) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;
(iii) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible.
(d) While the parties are attempting to resolve the matter the parties will continue to work in accordance with this Agreement and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to relevant provisions of any State occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
DISPUTES SETTLEMENT PROCEDURES. It is the basic intention of the parties to eliminate, by direct negotiation and consultation between them, any dispute or grievance which is liable to cause a work stoppage or other form of ban or limitation upon the performance of work. An employee is entitled to representation during all steps of this procedure
DISPUTES SETTLEMENT PROCEDURES. 2.2.1 In order to ensure grievances are settled promptly, sensibly and fairly, the following procedure shall be adopted.
2.2.2 Employee to try and resolve problem by discussion with his/her immediate supervisors; ANSWER WITHIN 8 WORKING HOURS IF UNRESOLVED
2.2.3 Employee should refer the matter to the department manager. ANSWER WITHIN 8 WORKING HOURS IF UNRESOLVED
2.2.4 Employee should discuss the matter with the Human Resource Manager after (if relevant) seeking the help of the employee’s representatives (which at the request of the employee may be the union). ANSWER WITHIN 24 HOURS IF UNRESOLVED
DISPUTES SETTLEMENT PROCEDURES. Unfair Dismissals Any dispute or claim arising under the paragraph “Unfair Dismissal” above, should be dealt with in the following manner:
1. As soon as is practicable after the dispute or claim has arisen, the employee concerned will take the matter up with his or her immediate supervisor, affording him or her the opportunity to remedy the cause of the dispute or claim.
2. Where any such attempt at settlement has failed, or where the dispute or claim is of such a nature that a direct discussion between the employee and his or her immediate supervisor would be inappropriate, the employee shall notify a duly authorised representative of his or her union who, if he or she considers that there is some substance in the dispute or claim, shall forthwith take the matter up with the employer or his or her representative.
3. If the matter is not settled it shall be submitted to the Industrial Relations Commission of NSW, which shall endeavour to resolve the issue between the parties by conciliation.
4. Without prejudice to either party, work should continue in accordance with the agreement while the matters in dispute are being dealt with in accordance with this paragraph.
DISPUTES SETTLEMENT PROCEDURES. 17.1 Workplace disputes, employee grievances and issues will be managed in accordance with the procedures set out in this clause.
17.2 An employee must first raise their issue with their immediate supervisor or manager and attempt to arrive at a mutually satisfactory resolution.
17.3 If a resolution is not achieved as a result of discussions between the employee and his/her immediate manager, the General Manager – Defence & Technology will meet with the employee and the employee’s immediate manager in an endeavour to effect a resolution of the issue. At this meeting the employee may appoint an employee workplace representative or another person attend with the employee.
17.4 Where internal discussions and procedures fail to satisfactorily resolve the issue, grievance or dispute, the employee or the Company may refer the matter to the Australian Industrial Relations Commission (“Commission”) for hearing.
17.5 If conciliation conferences before the Commission fail to resolve the matter, the parties agree that the Commission shall have jurisdiction to hear and determine the matter by arbitration. Decisions by the Commission would be subject to the normal rights of appeal.
17.6 While a dispute is being resolved, work will continue normally at the Company’s direction. No one will be prejudiced by the continuation of work during the dispute settlement process.
DISPUTES SETTLEMENT PROCEDURES. 12.1 Subject to sub-clause 12.2, in the event of a dispute arising in relation to a matter covered by this Agreement the following procedure shall apply.
12.2 This clause does not prevent an employee who is aggrieved by his or her treatment in employment from instead seeking review under section 59 of PSEMA.
12.3 Subject to sub-clause 12.7, a party to a dispute may appoint another person, organisation or association to accompany or represent them, at any stage of the dispute.
12.4 In the event of a dispute, parties shall in the first instance endeavour to resolve the matter internally, as follows:
(a) The employee shall refer the matter to his or her immediate supervisor for resolution, who may request that the employee provide written details of the matter, provided that where the dispute concerns alleged actions of the immediate supervisor the employee may by-pass this step;
(b) If the matter cannot be resolved under paragraph (a) above, the matter shall be referred in writing to the relevant manager for resolution;
(c) If the matter cannot be resolved under paragraph (b) above, the matter shall be referred in writing to the relevant General Manager for resolution;
(d) If the matter cannot be resolved under paragraph (c) above, the matter shall be referred in writing to the MD for resolution; and
(e) If the matter cannot be resolved under paragraph (d) above, the matter shall be referred in writing to the CPE for resolution.
12.5 The internal procedures referred to in sub-clause 12.4 shall be carried out as expeditiously as is practicable, and where possible, attempts to resolve the matter under sub-clauses 12.4(b) to 12.4(e)shall begin within 48 hours of the written request being received.
12.6 If the dispute remains unresolved after the parties have genuinely attempted to reach a resolution in accordance with sub-clause 12.4, any party may refer the dispute to the AIRC under Division 5 of Part 13 of the WRA, for resolution first by conciliation or mediation and, if the dispute remains unresolved, by arbitration. Subject to the procedures of the AIRC, a matter referred to it under this clause shall be dealt with by the Commissioner nominated by either the head of the relevant panel or the President of the AIRC.
12.7 In any matter before the AIRC, a party may be represented by counsel or solicitor with leave from the AIRC. In deciding whether to grant leave, the AIRC shall have regard to the following:
(a) Whether such representation would assist the par...
DISPUTES SETTLEMENT PROCEDURES. The process for resolving complaints is attached in Appendix 4.