Common use of DISPUTES SETTLEMENT PROCEDURES Clause in Contracts

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.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

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DISPUTES SETTLEMENT PROCEDURES. (a) 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 . (b) The following procedures are agreed:- shall apply for individual or group grievances: Phase I Discussion at the workplace between those parties directly affected, if these parties are unable to resolve the dispute within 48 hours, then; Phase II 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; Phase III Xxxxxx Bros Management and the union organizer TWU Organizer shall negotiate settlement of the dispute. If a settlement satisfactory to both parties cannot be negotiated, then; Phase IV Senior Xxxxxx Bros management and the state secretary State Secretary of the union Union or their nominees his or her nominee shall continue negotiations. If a settlement, cannot be agreed within seven (7) days of such a meeting then either party may; Phase V 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. . (c) The parties to the Agreement agree that work shall continue without interruption or dislocation throughout the period of discussions and negotiations. . (d) 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. maintained where practicable. (e) If either party refers the dispute to the Industrial Relations Commission of New South Wales, then an from having necessary meetings with its members any order of the Commission arising from an arbitration will be accepted, subject accepted to any appealenable the dispute to be arbitrated. The Union This shall not be prevented following completion of Phase III of this procedure. prevent the TWU from having reasonable consultations with its members during the period. (f) It is also agreed that any meeting between an official or delegate of the TWU and Employees who are members of the TWU 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 be appropriate for such meetings and such meetings would not be appropriate until after completion of Phase III of this Dispute Settlement Procedure. (g) No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause. (h) It is further agreed that members of the Consultative Committee may act as facilitators during the course of these discussions and negotiations if requested by one of the parties involved. Safety issues are to be dealt with under Clause 16.11.

Appears in 1 contract

Samples: Enterprise Agreement

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:- Phase I Discussion at the workplace between those parties directly affected, if these parties are unable to resolve the dispute within 48 hours, then; Phase II 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; Phase III Xxxxxx Bros Management and the union organizer Union Organizer shall negotiate settlement of the dispute. If a settlement satisfactory to both parties cannot be negotiated, then; Phase IV Senior Xxxxxx Bros management and the state secretary State Secretary of the union 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; Phase V 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 any order of the Commission arising from an arbitration will be accepted, subject accepted to any appealenable the dispute to be arbitrated. The Union This shall not be prevented following completion of Phase III of this procedureprevent the union from having reasonable consultations with its member during the period. 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 be appropriate for such meetings and such meetings would not be appropriate until after completion of Phase III of this Dispute Settlement Procedure. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause. It is further agreed that members of the Consultative Committee may act as facilitators during the course of these discussions and negotiations if requested by one of the parties involved. Safety issues are to be dealt with under Clause 6 (h).

Appears in 1 contract

Samples: Enterprise Agreement

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DISPUTES SETTLEMENT PROCEDURES. (a) 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 . (b) The following procedures are agreed:- shall apply for individual or group grievances: Phase I Discussion at the workplace between those parties directly affected, if these parties are unable to resolve the dispute within 48 hours, then; Phase II Xxxxxx Bros management 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; Phase III Xxxxxx Bros Management and the union organizer organiser shall negotiate settlement of the dispute. If a settlement satisfactory to both parties cannot be negotiated, then; Phase IV 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; Phase V 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 NSW for resolution and determination and such decision shall be binding on the parties subject to the either party’s legal rights of appeal. The parties to the Agreement agree that work shall continue without interruption or dislocation throughout the period or industrial action during each phase of discussions and negotiations. this procedure. (c) 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 . (d) This Dispute Settlement Procedure shall not prevent the dispute to the Industrial Relations Commission of New South Wales, then an union from having necessary meetings reasonable consultations 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 during this procedureperiod. It is also agreed that any meeting will be arranged to provide a minimum of interruption to Xxxxxx Bros Bros' operations and to this end, it is agreed that a maximum of three hours one hour per week would beappropriate be appropriate for such meetings and such meetings would not be appropriate until after completion of Phase III of this Dispute Settlement Procedure. (e) No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause. (f) It is further agreed that members of the Consultative Committee may act as facilitators during the course of these discussions and negotiations if requested by one of the parties involved.

Appears in 1 contract

Samples: Enterprise Agreement

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