Common use of GRIEVANCE AND DISPUTE AVOIDANCE PROCEDURES Clause in Contracts

GRIEVANCE AND DISPUTE AVOIDANCE PROCEDURES. 11.1 This procedure aims to avoid industrial disputes in the agencies covered by this Enterprise Agreement. Where a dispute occurs, it provides a means of settlement based on consultation, co-operation and discussion with the aim of the avoidance of interruption to work performance. 11.2 If a dispute relates to a matter arising under the Enterprise Agreement, this clause sets out procedures to settle the dispute, provided that a dispute about workload will be dealt with in accordance with sub-clause 11.8. 11.3 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 11.4 In the first instance, the parties to the dispute must try to resolve the dispute at the: (a) Workplace level by discussions between the employee/s and relevant supervisor/s and/or management (‘workplace discussions’); or (b) Agency level by discussions between the employee/s and/or their representative and, if applicable, the agency’s workforce management representative (‘agency discussion’), while maintaining the status quo existing immediately prior to the dispute (except where a 11.5 If workplace or agency discussions (as applicable) do not resolve the dispute, a party to the dispute may refer the matter to SAET. 11.6 SAET may deal with the dispute in two stages: (a) XXXX will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation about the dispute, its resolution and/or the status quo; and (b) If SAET is unable to resolve the dispute at the first stage, SAET may then: 1. Arbitrate the dispute; and 2. Make a determination that is binding on the parties to the dispute.

GRIEVANCE AND DISPUTE AVOIDANCE PROCEDURES. 11.1 This procedure aims 27.1 These procedures aim to avoid industrial disputes in the agencies covered by this Enterprise Agreement. Where a dispute occurs, it provides a means of settlement based on consultation, co-operation and discussion with the aim of the avoidance of avoiding interruption to work performance.performance and service delivery. DISPUTE RESOLUTION‌ 11.2 27.1.1 If a dispute relates to a matter arising under the this Enterprise Agreement, this clause sets out procedures to settle the dispute, provided that a dispute about workload will be dealt with in accordance with sub-clause 11.8i). 11.3 a) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 11.4 b) In the first instance, the parties to the dispute must try to resolve the dispute at the: (ai) Workplace level by discussions between the employee/s and relevant supervisor/s and/or management (‘workplace discussions’); or (bii) Agency level by discussions between the employee/s and/or their representative and, if applicable, the agency’s workforce management representative (‘agency discussiondiscussions’), while maintaining the status quo existing immediately prior to the dispute (except where unless a 11.5 c) If workplace or agency discussions (as applicable) do not resolve the dispute, a party to the dispute may refer the matter to SAETthe Industrial Relations Commission of South Australia (IRCSA). 11.6 SAET d) The IRCSA may deal with the dispute in two stages: (ai) XXXX The IRCSA will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation about the dispute, its resolution and/or the status quo; and (bii) If SAET the IRCSA is unable to resolve the dispute at the first stage, SAET the IRCSA may then: 1. Arbitrate : • arbitrate the dispute; and 2. Make and • make a determination that is binding on the parties to the dispute.

GRIEVANCE AND DISPUTE AVOIDANCE PROCEDURES. 11.1 This procedure aims to avoid industrial disputes in the agencies covered by this Enterprise Agreement. Where a dispute occurs, it provides a means of settlement based on consultation, co-operation and discussion with the aim of the avoidance of interruption to work performance. 11.2 If a dispute relates to a matter arising under the Enterprise Agreement, this clause sets out procedures to settle the dispute, provided that a dispute about workload will be dealt with in accordance with sub-clause 11.8. 11.3 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 11.4 In the first instance, the parties to the dispute must try to resolve the dispute at the: (a) 11.4.1 Workplace level by discussions between the employee/s and relevant supervisor/s and/or management (‘workplace discussions’); or (b) 11.4.2 Agency level by discussions between the employee/s and/or their representative and, if applicable, the agency’s workforce management representative (‘agency discussion’), while maintaining the status quo existing immediately prior to the dispute (except where a 11.5 If workplace or agency discussions (as applicable) do not resolve the dispute, a party to the dispute may refer the matter to SAETthe IRCSA. 11.6 SAET The IRCSA may deal with the dispute in two stages: (a) XXXX 11.6.1 The IRCSA will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation about the dispute, its resolution and/or the status quo; and (b) 11.6.2 If SAET the IRCSA is unable to resolve the dispute at the first stage, SAET the IRCSA may then: 1. (a) Arbitrate the dispute; and 2. (b) Make a determination that is binding on the parties to the dispute.

GRIEVANCE AND DISPUTE AVOIDANCE PROCEDURES. 11.1 This procedure aims to avoid industrial disputes in the agencies covered by this Enterprise Agreement. Where a dispute occurs, it provides a means of settlement based on consultation, co-operation and discussion with the aim of the avoidance of interruption to work performance. 11.2 If a dispute relates to a matter arising under the Enterprise Agreement, this clause sets out procedures to settle the dispute, provided that a dispute about workload will be dealt with in accordance with sub-clause 11.8. 11.3 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 11.4 In the first instance, the parties to the dispute must try to resolve the dispute at the: (a) Workplace level by discussions between the employee/s and relevant supervisor/s and/or management (‘workplace discussions’); or (b) Agency level by discussions between the employee/s and/or their representative and, if applicable, the agency’s workforce management representative (‘agency discussion’), while maintaining the status quo existing immediately prior to the dispute (except where a 11.5 If workplace or agency discussions (as applicable) do not resolve the dispute, a party to the dispute may refer the matter to SAETthe IRCSA. 11.6 SAET The IRCSA may deal with the dispute in two stages: (a) XXXX The IRCSA will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation about the dispute, its resolution and/or the status quo; and (b) If SAET the IRCSA is unable to resolve the dispute at the first stage, SAET the IRCSA may then: 1. i. Arbitrate the dispute; and 2. Make (c) Note: If the IRCSA arbitrates the dispute, it may also use the powers that are available to it under the Act. (d) A decision that the IRCSA makes when arbitrating a dispute is agreed by the parties as being a determination that for the purpose of Chapter 5, Part 3, Division 4 of the Act. Therefore, an appeal may be made against the decision. 11.7 While parties are trying to resolve the dispute using the procedures in this clause: (a) An employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health and safety; and (b) An employee must comply with a direction given by the employer (or applicable agency) to perform other available work at the same workplace, or at another workplace, unless: • The work is binding on not safe; or • Applicable occupational health and safety legislation would not permit the work to be performed; or • The work is not appropriate for the employee to perform; or • There are other reasonable grounds for the employee to refuse to comply with the direction. (c) The parties to the disputedispute agree to be bound by a decision made by the IRCSA in accordance with this clause. 11.8 A grievance or dispute concerning workload will be handled as follows: (a) The employee/s will notify their manager in writing of the workload issue/s. (b) The manager should initiate discussion with the employee/s within 24 hours. (c) Should the matter not be resolved discussion should occur between the employee, employee’s representative, the employee’s manager and the relevant Director. 11.9 If the matter remains unresolved a record of the foregoing discussions shall be forwarded to the Chief Executive who may issue directions as to the issue/s.

GRIEVANCE AND DISPUTE AVOIDANCE PROCEDURES. 11.1 This procedure aims 27.1 These procedures aim to avoid industrial disputes in the agencies covered by this Enterprise Agreement. Where a dispute occurs, it provides a means of settlement based on consultation, co-operation and discussion with the aim of the avoidance of avoiding interruption to work performanceperformance and service delivery. 11.2 27.1.1 If a dispute relates to a matter arising under the this Enterprise Agreement, this clause sets out procedures to settle the dispute, provided that a dispute about workload will be dealt with in accordance with sub-clause 11.8i). 11.3 a) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 11.4 b) In the first instance, the parties to the dispute must try to resolve the dispute at the: (ai) Workplace level by discussions between the employee/s and relevant supervisor/s and/or management (‘workplace discussions’); or (bii) Agency level by discussions between the employee/s and/or their representative and, if applicable, the agency’s workforce management representative (‘agency discussiondiscussions’), while maintaining the status quo existing immediately prior to the dispute (except where aunless a bona fide health and safety issue is involved). 11.5 c) If workplace or agency discussions (as applicable) do not resolve the dispute, a party to the dispute may refer the matter to SAETthe Industrial Relations Commission of South Australia (IRCSA). 11.6 SAET d) The IRCSA may deal with the dispute in two stages: (ai) XXXX The IRCSA will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation about the dispute, its resolution and/or the status quo; and (bii) If SAET the IRCSA is unable to resolve the dispute at the first stage, SAET the IRCSA may then: 1. Arbitrate :  arbitrate the dispute; and 2. Make and  make a determination that is binding on the parties to the dispute.

GRIEVANCE AND DISPUTE AVOIDANCE PROCEDURES. 11.1 This procedure aims to avoid industrial disputes in the agencies covered by this Enterprise Agreement. Where a dispute occurs, it provides a means of settlement based on consultation, co-operation and discussion with the aim of the avoidance of interruption to work performance. 11.2 If a dispute relates to a matter arising under the Enterprise Agreement, this clause sets out procedures to settle the dispute, provided that a dispute about workload will be dealt with in accordance with sub-clause 11.8. 11.3 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 11.4 In the first instance, the parties to the dispute must try to resolve the dispute at the: (a) Workplace level by discussions between the employee/s and relevant supervisor/s and/or management (‘workplace discussions’); or (b) Agency level by discussions between the employee/s and/or their representative and, if applicable, the agency’s workforce management representative (‘agency discussion’), while maintaining the status quo existing immediately prior to the dispute (except where aa bona fide health and safety issue is involved). 11.5 If workplace or agency discussions (as applicable) do not resolve the dispute, a party to the dispute may refer the matter to SAET. 11.6 SAET may deal with the dispute in two stages: (a) XXXX will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation about the dispute, its resolution and/or the status quo; and (b) If SAET is unable to resolve the dispute at the first stage, SAET may then: 1. Arbitrate the dispute; and 2. Make a determination that is binding on the parties to the dispute.

GRIEVANCE AND DISPUTE AVOIDANCE PROCEDURES. 11.1 This procedure aims to avoid industrial disputes in the agencies covered by this Enterprise Agreement. Where a dispute occurs, it provides a means of settlement based on consultation, co-operation and discussion with the aim of the avoidance of interruption to work performance. 11.2 If a dispute relates to a matter arising under the Enterprise Agreement, this clause sets out procedures to settle the dispute, provided that a dispute about workload will be dealt with in accordance with sub-clause 11.8. 11.3 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 11.4 In the first instance, the parties to the dispute must try to resolve the dispute at the: (a) Workplace level by discussions between the employee/s and relevant supervisor/s and/or management (‘workplace discussions’); or (b) Agency level by discussions between the employee/s and/or their representative and, if applicable, the agency’s workforce management representative (‘agency discussion’), while maintaining the status quo existing immediately prior to the dispute (except where aa bona fide health and safety issue is involved). 11.5 If workplace or agency discussions (as applicable) do not resolve the dispute, a party to the dispute may refer the matter to SAETthe IRCSA. 11.6 SAET The IRCSA may deal with the dispute in two stages: (a) XXXX The IRCSA will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation about the dispute, its resolution and/or the status quo; and (b) If SAET the IRCSA is unable to resolve the dispute at the first stage, SAET the IRCSA may then: 1. i. Arbitrate the dispute; and 2ii. Make a determination that is binding on the parties to the dispute.