GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. For represented employees in Unit UM1, this Article shall apply to non-disciplinary grievances but shall not apply to disputes of disciplinary actions. This Article shall not apply to represented employees in Units TM1 or U41; this subject matter is addressed in Article 18 for represented employees in these units.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. If a dispute arises about this Agreement, the NES (including subsections 65(5) or 76(4)), or any other work-related matter (including a dispute about whether a workplace right have been breached), the parties to the dispute will attempt to resolve the dispute at the workplace level. In resolving a dispute, the FWC may deal with the dispute using all the procedures available to it under the Act and may attempt to settle the dispute by conciliation or mediation or, where the parties agree, a recommendation or expression of opinion by the FWC. If the dispute remains unresolved, the FWC may settle the dispute by arbitration. Union members are entitled to be represented by their Union at every stage of this process. Employees who are not Union members may also choose to be represented. Each party shall recognise the other’s representative for all purposes involved with the resolution of the dispute. The parties to the dispute and their representatives must act in good faith in relation to the dispute. While the dispute is being resolved, the parties will respect the status quo. However, the Employer may direct an Employee to perform different work or work at a different location, on full pay, if it is reasonable to do so to protect the safety, health or welfare of Employees. In any event, any resolution of a dispute under clause 16 by the FWC will not be inconsistent with legislative obligation(s) or any other applicable Code(s) or Regulation(s).
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. 2.5.1 The object of this Clause is to encourage the Employer and Employees who are parties to a dispute to genuinely attempt to resolve it at the workplace level.
2.5.2 In the event of an Employee having a grievance or dispute, the Employee shall in the first instance attempt to resolve the matter with the immediate supervisor.
2.5.3 If the grievance or dispute is still unresolved after discussion as required in Sub-clause (2) hereof, the Employee may refer the matter to the manager for discussion and resolution.
2.5.4 Failure to achieve resolution at this stage and all previous avenues for discussion have been exhausted, a party to the dispute may:-
(i) apply to have either the Model Dispute Resolution Process in Part 13 of the Workplace Relations Act 1996 adopted, or
(ii) apply to the Commission to have an alternative dispute resolution process conducted by the Commission in relation to a matter or matters in dispute if:
(a) the dispute is one that may be resolved using the model dispute resolution process; and
(b) the parties to the dispute on the matter or matters have been unable to resolve the dispute at the workplace level.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. 12.1 The procedure provides for a mechanism to resolve disputes or grievances raised by the relevant employee regarding a term or condition of this agreement.
12.2 The stages of the grievance procedure;
(i) the relevant employee will raise the dispute with the immediate supervisor, who will seek to resolve the dispute;
(ii) if the dispute cannot be resolved at that level it will be elevated to senior management level to resolve the dispute with the relevant employee.
(iii) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. This grievance procedure is applicable to represented employees in Unit U31.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. 16.1 If a dispute arises about this Agreement, the NES (including subsections 65(5) or 76(4)), or any other work-related matter (including a dispute about whether workplace rights have been breached), the parties to the dispute will attempt to resolve the dispute at the workplace level.
16.2 If the matter cannot be resolved, a party may refer the dispute to the FWC for resolution.
16.3 In resolving a dispute, the FWC may deal with the dispute using all the procedures available to it under the Act and may attempt to settle the dispute by conciliation or mediation or, where the parties agree, a recommendation or expression of opinion by the FWC. If the dispute remains unresolved, the FWC may settle the dispute by arbitration.
16.4 Union members are entitled to be represented by their Union at every stage of this process. Employees who are not Union members may also choose to be represented. Each party shall recognise the other’s representative for all purposes involved with the resolution of the dispute.
16.5 The parties to the dispute and their representatives must act in good faith in relation to the dispute.
16.6 While the dispute is being resolved, the parties will respect the status quo. However, the Employer may direct an Employee to perform different work or work at a different location, on full pay, if it is reasonable to do so to protect the safety, health or welfare of Employees.
16.7 The parties will be bound by any decision made by the FWC, subject to subclause 16.8.
16.8 In any event, any resolution of a dispute under clause 16 by the FWC will not be inconsistent with legislative obligation(s) or any other applicable Code(s) or Regulation(s).
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. 14.1 The parties agree that in the event a dispute or grievance arises out of this Contract it will be dealt with by the matter first being discussed by the Executive and the Employer. The parties will endeavour to resolve the problem to the mutual satisfaction of both.
14.2 If the matter is not resolved, the Executive may seek to appoint an external party, acceptable to both the employer and the Executive, to consider the matter and make a recommendation to the Board.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. Any disputes/grievances arising through the course of employment shall be resolved in accordance with the following procedures:
(i) an employee must first raise the matter with their immediate manager. That manager may be located at the Depot, or elsewhere;
(ii) if not immediately able to be resolved, the matter should be raised at the first opportunity with the National Manager; if the matter is still not resolved, the matter shall be referred to the Human Resources Manager;
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. 2.8.1 The objectives of this procedure are the avoidance and prompt resolution of any disputes over matters covered by this Agreement, by measures based on the provision of information and explanation, consultation, cooperation and negotiation.
2.8.2 Subject to legislation, while the dispute procedure is being followed normal work is to continue, except in the case of a genuine safety issue. The status quo existing before the emergence of a dispute is to continue whilst the procedure is being followed. No party shall be prejudiced as to the final settlement by the continuation of work.
2.8.3 In accordance with the principles of natural justice, there is a requirement for management to provide relevant information and explanation and to consult with the appropriate employee representatives.
2.8.4 Grievances and disputes on matters not covered by this Agreement shall be dealt with in accordance with the grievance clauses contained within the relevant parent Awards.
2.8.5 In the event of any disagreement between the parties as to the interpretation or implementation of matters covered by this Agreement, the following procedures shall apply:
1. The discussions should take place within 48 hours and the procedure should not extend beyond seven days.
2.8.6 Matters of interpretation that are not resolved at the local level within 48 hours may be referred directly to the JCC.
2.8.7 Timelines for this procedure may be extended by Agreement between the parties.
2.8.8 Nothing contained in this procedure shall prevent unions or the Queensland Government from intervening in respect of matters in dispute, should such action be considered conducive to achieving resolution.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURE. 29.1. If a grievance or dispute arises concerning the application of the Agreement:
29.1.1. There will be no stoppage of work whilst the Grievance and Dispute resolution procedure is being followed;
29.1.2. While a grievance or dispute is being resolved, Technicians must continue to work as normal in accordance with this Agreement and must comply with any reasonable direction given by CES to perform available work as required. The parties are committed to ensuring that this occurs.
29.1.3. This procedure will be used to address a grievance or dispute about a matter concerning the application of this Agreement.
29.1.4. At any stage of the process a Technician will be entitled to involve an employee representative;
29.1.5. When a grievance or matter in dispute arises the matter shall in the first instance be discussed between the Technician/s and their immediate supervisor / manager;
29.1.6. If the grievance or matter in dispute is still unresolved, the Technician/s and CES will arrange further discussions involving more senior levels of management and/or a Human Resources representative (as appropriate);
29.1.7. If the matter remains unresolved, the parties may refer the matter to an agreed mediator. Any recommendation made to the parties by the mediator under this clause cannot be inconsistent with the National Code of Practice for the Construction Industry, as amended from time to time and the Implementation Guidelines for the National Code of Practice for the Construction Industry, as amended from time to time.
29.1.8. The matter may be referred by either party to the Australian Industrial Relations Commission (AIRC) to be dealt with in accordance with clause 29.2 of this Agreement;
29.1.9. By agreement, some steps may be bypassed if necessary to achieve a speedy resolution of the matter in dispute.
29.2. The parties agree that, where a matter in dispute is referred to the AIRC under this clause, the AIRC is to deal with the matter in accordance with the following process:
29.2.1. Upon referral of the matter in dispute, the AIRC shall first conciliate in respect of the matter. When conciliating under this clause, the AIRC can dismiss the matter or issue a statement or recommendation (but not a decision).
29.2.2. Any statement or recommendation issued by the AIRC in conciliation under this clause cannot be inconsistent with the National Code of Practice for the Construction Industry, as amended from time to time and the Implementation Guidelines for the N...
