GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. Unless otherwise stated the term “party” or “parties” referred to in this clause means the employer and/or the employees, as the context requires. In relation to any matter that may be in dispute between the parties to this Agreement (“the matter”) except matters relating to the actual or threatened termination of employment of the employee, the parties:
37.1 will attempt to resolve the matter at the workplace level, including, but not limited to:
(a) the employee and his or her supervisor meeting and conferring on the matter; and
(b) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate);
37.2 acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level;
37.3 agree to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter. In the event that the parties cannot agree on an alternative dispute resolution provider the AIRC will be used;
37.4 agree that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution process in good faith; and acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the alternative dispute resolution process; and
37.5 agree that during the time when the parties attempt to resolve the matter:
(a) the parties continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and
(b) subject to relevant provisions of any state or territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and
(c) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. Initiation of Arbitration
37.6 A party may apply to have a dispute heard by the AIRC (“the Arbitrator”) following completion of the steps outlined...
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. 43.1 Unless otherwise stated the terms “party” or “parties” referred to in this clause means the employer and/or the employees, as the context requires.
43.2 This dispute resolution procedure will apply to disputes about:
(a) any matters arising in the employment relationship, except matters relating to the actual termination of employment of an employee;
(b) threatened termination, with the exception that the arbitration provisions in subclause 43.6 do not apply unless the parties agree. Further, the parties rights are reserved during this process and the employer may exercise their right to terminate the employee in accordance with the agreement;
(c) matters in relation to the NES;
(d) matters arising under the agreement; and
(e) whether an employer had reasonable business grounds under subsection 65(5) of the Act - (requests for flexible working arrangements) or 76(4) of the Act - (requests for extending unpaid parental leave).
43.3 An employer or employee may appoint another person, organisation or association (e.g. Union or Aged & Community Services NSW & ACT) to accompany and/or represent them for the purposes of this clause.
43.4 In the event of a dispute the parties will initially attempt to resolve the matter at the workplace level, including, but not limited to:
(a) the employee and his or her supervisor discussing the matter; and
(b) if the matter is still not resolved the parties arranging further discussions involving more senior levels of management (as appropriate).
43.5 If a dispute is unable to be resolved at the workplace, in accordance with subclause 43.4, a party to the dispute may refer the matter to the FWC or other appropriate statutory tribunal.
43.6 The parties agree that the FWC shall have the power to do all such things as are necessary for the just resolution of the dispute including:
(a) mediation, conciliation and, with the exception of disputes arising under clause 36 – Workload Management, arbitration; and
(b) arbitration, for disputes arising under clause 36 – Workload Management, only with the agreement of the parties.
43.7 While the dispute resolution procedure is being conducted, work must continue in accordance with this agreement and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee to perform.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. 5.1.1 Any dispute or grievance arising from the application of this Order shall initially be addressed through the dispute resolution procedures of the relevant Industrial instrument.
5.1.2 If any dispute is not able to be resolved in accordance with of clause 5.1.1, it may be referred to the Commission for resolution. In order to resolve any dispute, the Commission may seek the assistance of the Training Recognition Council, the relevant supervising registered training organisation, industry training advisory body or other appropriate training authority or body.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. All grievances and disputes relating to the provisions of this enterprise agreement shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the appropriate Department, if required.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. Notwithstanding the provisions above, if after six (6) weeks, or earlier if by mutual agreement, the employer is unable to provide the minimum specified hours, the employee shall be entitled to the provisions set out in clause 42 ‐ Redundancy.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. 5.1.1 Any dispute or grievance arising from the application of this Order shall initially be addressed through the dispute resolution procedures of the relevant Industrial instrument.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. (i) Procedures relating to grievances of individual employees -
(a) The employee is required to notify the employer (in writing or otherwise) as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(b) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
(e) While a procedure is being followed, normal work must continue.
(f) The employee may be represented by an industrial organisation of employees.
(ii) Procedures relating to disputes, etc., between employers and their employees -
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits must be allowed for discussion at each level of authority.
(c) While a procedure is being followed, normal work must continue.
(d) The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. 44.1 This clause will apply in the event of a dispute about any matter under this Agreement, the Act or the employment relationship between one or more Employees covered by this Agreement and Xxxxxxxxxx.
44.2 If a Dispute arises the following steps must be followed:
(a) Step 1 - The employee/s concerned must raise the dispute with their immediate supervisor or manager. If the employee/s are not satisfied with the outcome or the cause of concern is the immediate supervisor/ manager, they may proceed to step 2
(b) Step 2 - If the dispute is not resolved in 10 business days, the dispute may be escalated to a member of Xxxxxxxxxx’x executive management team. The executive management team member will determine whether they are in a position to resolve the dispute or that the dispute needs to escalate to the executive team as a whole or the Chief Executive Officer. The employee/s will be advised of the executive team member’s decision on how the dispute will be addressed within a further 10 business days.
(c) Step 3 – If dispute is not resolved by the executive team member at step 2, and is referred to either the full executive team or the Chief Executive Officer a decision on how the dispute will be addressed will be communicated to the employee/s within a further 10 business days.
(d) Step 4 – If the parties are unable resolve the dispute at Step 3, either party may refer the dispute to the FWC for conciliation.
(e) Step 5 – Where the dispute remains unresolved following conciliation, either party may refer the dispute to arbitration by the FWC. The FWC may exercise any of its powers under the Act to ensure the just resolution of the dispute.
44.3 If both parties agree the dispute may be conciliated or arbitrated on by another relevant body than the FWC.
44.4 While the dispute resolution procedure is being conducted, work must continue in accordance with this Agreement and the Act. Subject to applicable workplace health and safety legislation, an Employee must not unreasonably fail to comply with a direction by Xxxxxxxxxx to perform work, whether at the same or another workplace, that is safe and appropriate for the Employee to perform.
44.5 The parties to the dispute agree to be bound by a decision made by the FWC in accordance with this term.
44.6 An Employee who is a party to the dispute may appoint a representative for the purposes of the dispute procedure set out above.
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. 47.1 This dispute resolution procedure will apply to disputes about:
a) Any matters arising in the employment relationship, except matters relating to the actual termination of employment of an employee;
b) Threatened termination, with the exception that the arbitration provisions in subclause 47.3 do not apply unless the parties agree. Further, the parties rights are reserved during this process and the employer may exercise their right to terminate the employee in accordance with the agreement;
c) Matters in relation to the NES;
d) Matters arising under the Agreement; and
e) Whether an employer had reasonable business grounds under subsection 65(5) of the Act ‐ (requests for flexible working arrangements) or 76(4) of the Act ‐ (requests for extending unpaid parental leave)
47.2 In the event of a dispute the parties will initially attempt to resolve the matter at the workplace level, including, but not limited to:
a) Step 1: The employee and his or her supervisor discussing the matter; and
b) Step 2: If the matter is still not resolved the parties arranging further discussions involving more senior levels of management (as appropriate).
GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. (a) All grievances and disputes relating to the provisions of this Agreement shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority if required.
(b) An employee is required to notify, in writing, their immediate Supervisor (unless the grievance is with an immediate Supervisor in which case the notification may be made to the next level of management) as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought. Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act 1977) that makes it impractical for the employee to advise their immediate manager, the notification may occur to the next appropriate level of management, including where required, to the Chief Executive Officer or nominee.
(c) The immediate Supervisor shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.
(d) If the matter remains unresolved with the immediate Supervisor, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter.
(e) The person at the next level of management shall respond within two (2) working days, or as soon as practicable.
(f) The employee may pursue this sequence of reference to successive levels of management until the matter is referred to the Chief Executive Officer.
(g) Either party may request a mutually agreed mediator to assist in the resolution of the matter.
(h) If the matter remains unresolved, the Chief Executive Officer shall provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.
(i) An employee, at any stage, may request to be represented by their Union or Agent.
(j) The employee or the Union or agent on their behalf or the Chief Executive Officer may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.
(k) The employee, Union, Agent and WSN Environmental Solutions shall agree to be bound by any order or determination by the New South Wales Industrial Relatio...
