Common use of Disputes Settling Procedures Clause in Contracts

Disputes Settling Procedures. 52.1 This dispute resolution process applies to disputes relating to any matter concerning the operation, interpretation or implementation of this Agreement and the National Employment Standards (a "dispute"). 52.2 A dispute may be between an employee and the University or between the union and the University, and these procedures may be instigated by the University, a union or an employee. A union may be involved in these procedures if requested to act by an employee directly affected by the dispute. It is agreed that the Parties to this Agreement and all employees have an interest in the proper and timely resolution of disputes. 52.3 Where a dispute arises, in the first instance the parties to the dispute will attempt to resolve it directly with the employee's supervisor, if appropriate. Alternatively, initial resolution of the dispute should be attempted with the appropriate University line manager. 52.4 If a dispute remains unresolved three (3) days after an attempt to resolve the matter at sub-clause 52.3 has been made, the dispute may be referred to the Director, Workplace Relations in writing in a further attempt to resolve the dispute. 52.5 The parties to the dispute must co-operate to ensure that the resolution procedures are carried out as quickly as is reasonably possible. In order to achieve an efficient resolution of the dispute, the processes referred to in sub-clauses 52.3 and 52.4 will be deemed completed after ten (10) working days, unless otherwise agreed in writing between the parties. 52.6 Throughout this process an employee may choose to be assisted or represented by their union or other representative of their choice. For the purposes of this clause, such a representative shall not include a practicing solicitor or barrister in private practice. 52.7 Should the dispute not be resolved after completing the processes referred to in sub-clauses 52.3 to 52.5, the matter may be referred by a party to the dispute, to the Fair Work Commission (FWC) for resolution. 52.8 The FWC may resolve the dispute by the processes of conciliation and/or arbitration. The parties agree to be bound by and implement any order, decision or recommendation of the FWC, subject to any legal right of appeal. 52.9 Until the procedures referred to above have been completed, and in order to achieve an efficient resolution of the dispute: (i) work shall continue in the normal manner; (ii) no industrial action shall be taken by the union or the University; and (iii) the University and the employees and the unions shall not change work, staffing or the organisation of work, if such is the subject of the dispute, or take other action likely to exacerbate the dispute.

Disputes Settling Procedures. 52.1 53.1 This dispute resolution process applies to disputes relating to any matter concerning the operation, interpretation or implementation of this Agreement and the National Employment Standards (a "“dispute"”). 52.2 53.2 A dispute may be between an employee and the University or between the union and the University, and these procedures may be instigated by the University, a union or an employee. A union may be involved in these procedures if requested to act by an employee directly affected by the dispute. It is agreed that the Parties to this Agreement and all employees have an interest in the proper and timely resolution of disputes. 52.3 53.3 Where a dispute arises, in the first instance the parties to the dispute will attempt to resolve it directly with the employee's employee‟s supervisor, if appropriate. Alternatively, Alternatively initial resolution of the dispute should be attempted with the appropriate University line manager. 52.4 53.4 If a dispute remains unresolved three (3) days after an attempt to resolve the matter at sub-sub- clause 52.3 53.3 has been made, the dispute may be referred to the Director, Workplace Relations in writing in a further attempt to resolve the dispute. 52.5 53.5 The parties to the dispute must co-operate to ensure that the resolution procedures are carried out as quickly as is reasonably possible. In order to achieve an efficient resolution of the dispute, the processes referred to in sub-clauses 52.3 53.3 and 52.4 53.4 will be deemed completed after ten (10) working days, unless otherwise agreed in writing between the parties. 52.6 53.6 Throughout this process an employee may choose to be assisted or represented by their union or other representative of their choice. For the purposes of this clause, such a representative shall not include a practicing solicitor or barrister in private practice. 52.7 53.7 Should the dispute not be resolved after completing the processes referred to in sub-clauses 52.3 to 52.5, the matter may be referred by a party to the dispute, to the Fair Work Commission (FWC) for resolution. 52.8 The FWC may resolve the dispute by the processes of conciliation and/or arbitration. The parties agree to be bound by and implement any order, decision or recommendation of the FWC, subject to any legal right of appeal. 52.9 Until the procedures referred to above have been completed, and in order to achieve an efficient resolution of the dispute: (i) work shall continue in the normal manner; (ii) no industrial action shall be taken by the union or the University; and (iii) the University and the employees and the unions shall not change work, staffing or the organisation of work, if such is the subject of the dispute, or take other action likely to exacerbate the dispute.clauses

Disputes Settling Procedures. 52.1 53.1 This dispute resolution process applies to disputes relating to any matter concerning the operation, interpretation or implementation of this Agreement and the National Employment Standards (a "dispute"). 52.2 53.2 A dispute may be between an employee and the University or between the union and the University, and these procedures may be instigated by the University, a union or an employee. A union may be involved in these procedures if requested to act by an employee directly affected by the dispute. It is agreed that the Parties to this Agreement and all employees have an interest in the proper and timely resolution of disputes. 52.3 53.3 Where a dispute arises, in the first instance the parties to the dispute will attempt to resolve it directly with the employee's supervisor, if appropriate. Alternatively, initial resolution of the dispute should be attempted with the appropriate University line manager. 52.4 53.4 If a dispute remains unresolved three (3) days after an attempt to resolve the matter at sub-clause 52.3 53.3 has been made, the dispute may be referred to the Director, Workplace Relations in writing in a further attempt to resolve the dispute. 52.5 53.5 The parties to the dispute must co-operate to ensure that the resolution procedures are carried out as quickly as is reasonably possible. In order to achieve an efficient resolution of the dispute, the processes referred to in sub-clauses 52.3 53.3 and 52.4 53.4 will be deemed completed after ten (10) working days, unless otherwise agreed in writing between the parties. 52.6 53.6 Throughout this process an employee may choose to be assisted or represented by their union or other representative of their choice. For the purposes of this clause, such a representative shall not include a practicing solicitor or barrister in private practice. 52.7 53.7 Should the dispute not be resolved after completing the processes referred to in sub-clauses 52.3 53.3 to 52.553.5, the matter may be referred by a party to the dispute, within a period of thirty-five (35) calendar days, to the Fair Work Commission (FWC) for resolutionresolution by conciliation, and if conciliation does not resolve the dispute, by arbitration. 52.8 The FWC may resolve the dispute by the processes of conciliation and/or arbitration. 53.8 The parties agree to be bound by and implement any order, decision or recommendation of the FWC, subject to any legal right of appeal. 52.9 53.9 Until the procedures referred to above have been completed, and in order to achieve an efficient resolution of the dispute: (i) work shall continue in the normal manner, in accordance with the reasonable direction of the University; (ii) no industrial action shall be taken by the union or the University; and (iii) the University and the employees and the unions shall not change work, staffing or the organisation of work, if such is the subject of the dispute, or take other action likely to exacerbate the dispute.