Common use of Disputes Settling Procedure Clause in Contracts

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 work in accordance with this subclause. (vii) Where a matter cannot be resolved in accordance with the above, nothing shall prevent either party from referring the matter to FWC for conciliation. If conciliation does not resolve the dispute the matter shall be arbitrated by the Fair Work Commission. (viii) All steps above must be fully exhausted before this referral may occur. (ix) A dispute that has been formally commenced, but not concluded, under the name of previous agreement covering the Company and an employee (“the previous agreement”) at the time at which this Agreement commences, shall continue to be dealt with in accordance with the relevant provisions that apply under the previous agreement. Any dispute which arose under the previous agreement whether formally notified before or after the commencement of this Agreement, shall be resolved under the dispute settling procedure of the previous agreement. For the purposes of this sub-clause the relevant provisions of the previous agreement are deemed to be provisions of this Agreement. This subclause applies to disputes only just commenced, to those which are part heard, where there is a decision reserved and to any appeals.

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 work in accordance with this subclause. (vii) Where a matter cannot be resolved in accordance with the above, nothing shall prevent either party from referring the matter to FWC for conciliation. If conciliation does not resolve the dispute the matter shall be arbitrated by the Fair Work Commission. (viii) All steps above must be fully exhausted before this referral may occur. (ix) A dispute that has been formally commenced, but not concluded, under the name of previous agreement covering the Company and an employee (“the previous agreement”) at the time at which this Agreement commences, shall continue to be dealt with in accordance with the relevant provisions that apply under the previous agreement. Any dispute which arose under the previous agreement whether formally notified before or after the commencement of this Agreement, shall be resolved under the dispute settling procedure of the previous agreement. For the purposes of this sub-clause the relevant provisions of the previous agreement are deemed to be provisions of this Agreement. This subclause applies to disputes only just commenced, to those which are part heard, where there is a decision reserved and to any appeals.

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 work in accordance with this subclause. (vii) Where a matter cannot be resolved in accordance with the above, nothing shall prevent either party from referring the matter to FWC for conciliation. If conciliation does not resolve the dispute the matter shall be arbitrated by the Fair Work Commission. (viii) All steps above must be fully exhausted before this referral may occur. (ix) A dispute that has been formally commenced, but not concluded, under the name of previous agreement covering the Company and an employee (“the previous agreement”) at the time at which this Agreement commences, shall continue to be dealt with in accordance with the relevant provisions that apply under the previous agreement. Any dispute which arose under the previous agreement whether formally notified before or after the commencement of this Agreement, shall be resolved under the dispute settling procedure of the previous agreement. For the purposes of this sub-clause the relevant provisions of the previous agreement are deemed to be provisions of this Agreement. This subclause applies to disputes only just commenced, to those which are part heard, where there is a decision reserved and to any appeals.

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 work in accordance with this subclause. (vii) Where a matter cannot be resolved in accordance with the above, nothing shall prevent either party from referring the matter to FWC for conciliation. If conciliation does not resolve the dispute the matter shall be arbitrated by the Fair Work Commission. (viii) All steps above must be fully exhausted before this referral may occur. (ix) A dispute that has been formally commenced, but not concluded, under the name of previous agreement covering the Company and an employee (“the previous agreement”) at the time at which this Agreement commences, shall continue to be dealt with in accordance with the relevant provisions that apply under the previous agreement. Any dispute which arose under the previous agreement whether formally notified before or after the commencement of this Agreement, shall be resolved under the dispute settling procedure of the previous agreement. For the purposes of this sub-clause the relevant provisions of the previous agreement are deemed to be provisions of this Agreement. This subclause applies to disputes only just commenced, to those which are part heard, where there is a decision reserved and to any appeals.