Disputes Settling Procedure.
a) The parties agree that one of the fundamental objectives of this Agreement is to eliminate lost time in the event of a dispute. Further, the parties agree that it is in the best interests of both parties to achieve prompt resolution of disputes directly between the Employee(s) concerned and the Company.
b) The dispute settlement procedure in this clause shall apply to disputes about any matters arising from or related to the Employee-Company relationship including, without limitation, the Agreement, and the National Employment Standards.
c) Any disputes in relation to, or in connection with the content or application of company policies or procedures, are within the scope of, and shall be dealt with via, the dispute resolution procedure.
d) The most effective procedure to achieve the prompt resolution of disputes is for the responsibility for resolution to remain as close to the source as is possible. It is with this uppermost in mind that the parties agree to strictly adhere to the following dispute settlement procedure:
(i) Where a dispute arises, the matter shall be first submitted by the employee or Employee Representative (if any) to the supervisor or another appropriate manager, or vice versa. If not settled, the matter shall be referred to more senior persons.
(ii) At any stage in the process an Employee(s) may nominate a third party of their choice to represent them.
(iii) Reasonable time limits must be met and allowed for discussions at each level of authority. If the dispute is not resolved the Company must provide a response to the Employee(s) grievance including the reasons for not implementing any proposed remedy.
(iv) The status quo before the emergence of the dispute shall continue whilst the dispute settlement procedure is being followed. For this purpose “status quo” means the work procedures and practices in place immediately prior to the change that gave rise to the dispute.
(v) Matters which are based on a reasonable concern by an Employee about an imminent risk to an Employee’s health or safety shall be excluded from the DSP. Where a matter is raised involving such an issue, the Employee shall agree to comply with a direction by the Company to perform other available work which is safe and reasonable and within their skills and competence with no reduction in the rostered rate of pay of the Employee while the alternative work is being performed.
(vi) No party shall be prejudiced as to the final settlement by the continuance of wor...
Disputes Settling Procedure. Any dispute in relation to this clause may be referred to the Western Australian Industrial Relations Commission.
(1) Discussions Before terminations
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with their union or unions.
(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of paragraph (a) of this subclause and shall cover among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to minimise any adverse affect of any terminations on the employees concerned.
(c) For the purpose of such discussion the employer shall provide in writing to the employees concerned and their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer’s interests.
Disputes Settling Procedure. The parties will aim to reduce the incidence of lost time through the elimination of restrictive practices and ineffective management. Close consultation and co-operation with those directly affected and through the effective operation of dispute prevention and settlement procedures shall prevail. The parties to this Agreement shall observe the following procedure;
13.1 The matter shall be first submitted by the local ETU representative to the supervising officer or other appropriate company representative, and if not settled, to a more senior company representative in accordance with local procedure .
13.2 If not settled, the matter shall be formally submitted by the State Secretary or other appropriate official of the ETU /Independent Electrical Switchboard Manufactures Association (IESMA) if a member or the company nominated representative.
13.3 If still not settled, the matter may be submitted to the Australian Industrial Relations Commission for conciliation and/or arbitration.
13.4 While the above procedure is being followed, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the employer, failure to continue shall be a breach of the
Disputes Settling Procedure. (a) The parties agree that one of the fundamental objectives of this Agreement is to eliminate lost time in the event of a dispute. Further, the parties agree that it is in the best interests of both parties to achieve prompt resolution of disputes directly between the Employee(s) concerned and the Company.
(b) This clause shall apply for all disputes arising from or related to the Employee- Company relationship including, without limitation, the NES and the Agreement.
(c) The most effective procedure to achieve the prompt resolution of disputes is for the responsibility for resolution to remain as close to the source as is possible. It is with this uppermost in mind that the parties agree to strictly adhere to the following dispute settlement procedure:
(i) Where a dispute arises, the matter shall be first submitted by the Employee or Employee Representative (if any) to the supervisor or another appropriate manager, or vice versa. If not settled, the matter shall be referred to more senior persons.
(ii) At any stage in the process an Employee(s) may nominate a third party of their choice to represent them.
(iii) Reasonable time limits must be met and allowed for discussions at each level of authority. If the dispute is not resolved the Company must provide a response to the Employee(s) grievance including the reasons for not implementing any proposed remedy. XXXXXX ELECTRICAL SERVICES PTY LTD Single Enterprise Agreement 2023
(iv) While this procedure is being followed the status quo that existed immediately prior to the events that gave rise to the dispute must remain, normal work must continue, provided that where safe work is not possible, the Employee's shall relocate to an alternate area or site that safe work is available.
(v) No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.
(vi) Where a matter cannot be resolved in accordance with the above, nothing shall prevent either party from referring the matter to FWC for conciliation, and if unable to be resolved in conciliation, arbitration.
(vii) All steps above must be fully exhausted before this referral may occur.
(viii) If arbitration is necessary FWC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
(ix) Any outcome resulting from this dispute settlement procedure must be consistent with the requirements of the FW Act, the National Co...
Disputes Settling Procedure. 25.1. General Disputes Resolution Procedure
(a) Where a dispute arises over permitted matters (as currently defined in the Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, Apprentice or Apprentice Representative (if any) to the supervising officer or another appropriate manager, or vice versa. If not settled, the matter may be referred to more senior persons.
(b) While this procedure is being followed the status quo that existed immediately prior to the events that gave rise to the dispute will remain and, subject to this, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement.
(c) No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.
(d) If still not settled, either party may submit the matter, in accordance with this clause, to:
(i) the Disputes Board for conciliation and/or, if conciliation does not resolve the dispute, arbitration; or
(ii) directly to FWC for conciliation and/or arbitration, or for a review of an arbitrated decision of the Disputes Board.
(iii) To avoid doubt, a party to a dispute may:
(iv) apply to FWC notwithstanding the fact that the Disputes Board has already conciliated the matter; or
(v) if the Disputes Board has arbitrated the matter, apply to FWC for a review of the decision within 14 days of the decision having been made; or
(vi) elect to submit the matter directly to FWC without first going to the Disputes Board.
(e) If a matter is submitted to the Disputes Board:
(i) The decision of the Disputes Board is binding on the parties, subject to the right to review in accordance with this clause.
(f) Where a matter does progress to FWC for arbitration or review, its decision shall be final and binding on the parties, subject to either party exercising any right of appeal against the decision to a Full Bench.
(g) In conciliating or arbitrating a matter under this clause, or conducting an appeal under this clause, FWC may exercise such procedural and other powers in relation to conferences, hearings, witnesses, evidence and submissions as are necessary to make the conciliation, arbitration, arbitration hearing, or review effective. To avoid doubt, in conducting a review, FWC is not confined to a consideration of the materials before the Disputes Bo...
Disputes Settling Procedure. 16.1 This clause sets out the procedures for resolving disputes arising over the operation of this agreement. The intention is to try and address matters arising in the work area concerned. If the matter involves issues affecting two or more work areas then it may be referred to the site consultative committee for consideration, however this will not operate to restrict or limit the operation of these procedures. If the matter requires urgent consideration or concerns matters involving either individual employees or single work areas or involves laboratory and/or maintenance employees, then it will be dealt with directly between employees, and if requested their representatives and the Company. The following process will apply for all matters:
Step 1 The employee/s concerned will first meet and confer with their immediate supervisor. A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. If the matter involves issues affecting two or more work areas, and it is practicable to do so, then the matter may be referred to the site consultative committee for consideration.
Step 2 If the matter is not resolved at Step 1 the parties will arrange further discussions involving more senior site management, which may involve management representatives from other company offices.
Step 3 If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace under Step 2, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the Commission may exercise procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make arbitration effective.
16.2 In order to facilitate this procedure:
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.
16.3 It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unl...
Disputes Settling Procedure. The following dispute settlement procedures will apply to all disputes arising between the State Transit Authority, Xxxxxx’x Union of Australia, NSW Branch and employees covered by this Agreement:
(i) Where a dispute arises at the workplace the matter will be settled where possible between the employee/s concerned or their representatives and their immediate supervisor. Written advice as to the matter/s in dispute to be provided.
(ii) Where the matter remains unresolved it shall be referred to the Business Manager Newcastle Bus and Ferry Services, and representatives of the Employee Relations Manager who will consult with officials of the Union/s involved.
(iii) If the matter remains unresolved either party may refer the matter to the NSW Industrial Relations Commission for resolution
(iv) It is agreed that no disruptions to work shall occur during the process of steps (i) to (iii) above, except where a genuine safety issue is involved.
Disputes Settling Procedure. (1) Intent: The Union and the employer agree that the intent of the disputes settling procedure herein is:
(a) to promote the early resolution of disputes by measures based on open consultation, co-operation, disclosure of relevant information and discussion;
(b) to achieve negotiated settlements.
Disputes Settling Procedure. (a) The parties agree that during the course of resolving a dispute work will continue as normal.
Disputes Settling Procedure. 10.1.1. This procedure will apply to the resolution of Disputes. Either party to a Dispute may be represented by a person of their choice at any stage of the process.
10.1.2. In the first instance, the parties to the Dispute must try to resolve the Dispute at the workplace level, by discussions between the affected Employee(s) and their direct manager(s), or with the College Director or his/her nominated representative if appropriate.
10.1.3. If these discussions don’t resolve the Dispute then either party can refer the Dispute to the FWC.
10.1.4. The FWC will first attempt to resolve the dispute as it considers appropriate including by mediation, conciliation, expressing an opinion or making a recommendation.
10.1.5. If the FWC is unable to resolve the dispute at the first stage, the FWC may then arbitrate the dispute and make a determination that is binding on the parties.
10.1.6. The FWC can use the powers available to it under the FW Act when arbitrating the Dispute.
10.1.7. A decision of the FWC when arbitrating the Dispute is a decision for the purposes of Div 3 of Part 5.1 of the FW Act and so can be appealed.
10.1.8. While the procedure is taking place, Employees must continue to perform their work as they normally would unless they have a reasonable concern about an imminent risk to their health and safety.
10.1.9. Employees must comply with a reasonable direction given by the Employer to perform other available work at the same workplace or another workplace unless that work is not safe, applicable safety legislation wouldn't permit it, it's not appropriate or there are other reasonable grounds. Academic Teachers (DT or PMP) – Full-Time and Part-Time (Pro-Rata) Current rate prior to this UoAC Agreement (Per Annum) First pay period on or after Commencement Date 3.6% Increase First pay period on or after 12 months from Commencement Date 3.0% Increase First pay period on or after 24 months from Commencement Date 2.5% Increase Element Description Current rate prior to this UoAC Agreement (Per Hour) First pay period on or after Commencement Date 3.6% Increase First pay period on or after 12 months from Commencement Date 3.0% Increase First pay period on or after 24 months from Commencement Date 2.5% Increase General Staff Meeting $50.02 $51.82 $53.37 $54.70 Marking or Preparation $44.59 $46.20 $47.59 $48.78 Training and Development $43.77 $45.35 $46.71 $47.88 Exam invigilation or Report Writing $38.01 $39.38 $40.56 $41.57 Exam invigilation or Report W...
