Common use of GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES Clause in Contracts

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. 43.1 44.1 Unless otherwise stated the terms “party” or “parties” referred to in this clause means the employer and/or the employees, as the context requiresthose included within Clause 3 – Parties Bound. 43.2 44.2 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 44.6 do not apply unless the parties agree. Further, the parties 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 44.3 An employer or employee may appoint another person, organisation or association ([e.g. Union or Aged & Community Services NSW & ACT) Australia (ACSA)] to accompany and/or represent them for the purposes of this clause. 43.4 44.4 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 44.5 If a dispute is unable to be resolved at the workplace, in accordance with subclause 43.444.4, a party to the dispute may refer the matter to the FWC or other appropriate statutory tribunal. 43.6 44.6 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 44.7 While the dispute resolution procedure is being conducted, work must continue in accordance with this agreement and the Act. Subject to applicable occupational health Work Health and safety 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. 43.1 42.1 Unless otherwise stated the terms “party” ―party‖ or “parties” ―parties‖ referred to in this clause means the employer and/or the employees, as the context requires. 43.2 42.2 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 42.6 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 42.3 An employer or employee may appoint another person, organisation or association (e.g. Union or the Aged & Community Services Association of NSW & ACTACT Inc.) to accompany and/or represent them for the purposes of this clause. 43.4 42.4 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 42.5 If a dispute is unable to be resolved at the workplace, in accordance with subclause 43.442.4, a party to the dispute may refer the matter to the FWC FWA or other appropriate statutory tribunal. 43.6 42.6 The parties agree that the FWC FWA 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 33 – Workload Management, arbitration; and (b) arbitration, for disputes arising under clause 36 33 – Workload Managementmanagement, only with the agreement of the parties. 43.7 42.7 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. 43.1 48.1 Unless otherwise stated the terms “party” or “parties” referred to in this clause means the employer and/or the employees, as the context requiresthose included within clause 3 – Parties Bound. 43.2 48.2 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 clause 48.6 do not apply unless the parties agree. Further, the parties parties’ rights are reserved during this process and the employer 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) and whether an employer 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 48.3 The Employer or employee may appoint another person, organisation or association (e.g. Union or Aged & and Community Services NSW & ACTCare Providers Association (ACCPA)) to accompany and/or represent them for the purposes of this clause. 43.4 48.4 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 48.5 If a dispute is unable to be resolved at the workplace, in accordance with subclause 43.4clause 48.4, a party to the dispute may refer the matter to the FWC or other another appropriate statutory tribunal. 43.6 48.6 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 40 – Workload Management, arbitration; and (b) arbitration, for disputes arising under clause 36 40 – 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 Agreement and the Act. Subject to applicable occupational health Work Health and safety Safety legislation, an employee must not unreasonably fail to comply with a direction by the employer 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. 43.1 ‌ 42.1 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 42.2 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 42.6 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 42.3 An employer or employee may appoint another person, organisation or association (e.g. Union or the Aged & Community Services Association of NSW & ACTACT Inc.) to accompany and/or represent them for the purposes of this clause. 43.4 42.4 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 42.5 If a dispute is unable to be resolved at the workplace, in accordance with subclause 43.442.4, a party to the dispute may refer the matter to the FWC FWA or other appropriate statutory tribunal. 43.6 42.6 The parties agree that the FWC FWA 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 33 – Workload Management, arbitration; and (b) arbitration, for disputes arising under clause 36 33 – Workload Managementmanagement, only with the agreement of the parties. 43.7 42.7 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.. This Schedule contains the following employment classifications and definitions: The following employment classifications and definitions apply to this Agreement:

GRIEVANCE AND DISPUTE RESOLUTION PROCEDURES. 43.1 ‌ 42.1 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 42.2 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 42.6 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 42.3 An employer or employee may appoint another person, organisation or association (e.g. Union or the Aged & Community Services Association of NSW & ACTACT Inc.) to accompany and/or represent them for the purposes of this clause. 43.4 42.4 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 42.5 If a dispute is unable to be resolved at the workplace, in accordance with subclause 43.442.4, a party to the dispute may refer the matter to the FWC FWA or other appropriate statutory tribunal. 43.6 42.6 The parties agree that the FWC FWA 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 33 – Workload Management, arbitration; and (b) arbitration, for disputes arising under clause 36 33 – Workload Managementmanagement, only with the agreement of the parties. 43.7 42.7 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. 43.1 44.1 Unless otherwise stated the terms “party” or “parties” referred to in this clause means the employer and/or the employees, as the context requiresthose included within Clause 3 – Parties Bound. 43.2 44.2 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 44.6 do not apply unless the parties agree. Further, the parties 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 44.3 An employer or employee may appoint another person, organisation or association ([e.g. Union or Aged & Community Services NSW & ACT) Australia (ACSA)] to accompany and/or represent them for the purposes of this clause. 43.4 44.4 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) and if the matter is still not resolved the parties arranging further discussions involving more senior levels of management (as appropriate). 43.5 44.5 If a dispute is unable to be resolved at the workplace, in accordance with subclause 43.444.4, a party to the dispute may refer the matter to the FWC or other appropriate statutory tribunal. 43.6 44.6 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) and arbitration, for disputes arising under clause 36 – Workload Management, only with the agreement of the parties. 43.7 44.7 While the dispute resolution procedure is being conducted, work must continue in accordance with this agreement and the Act. Subject to applicable occupational health Work Health and safety 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. 43.1 Unless otherwise stated the terms “party” ―party‖ or “parties” ―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. 43.1 40.1 Unless otherwise stated the terms “party” or “parties” referred to in this clause means the employer and/or the employees, as the context requiresthose included within Clause 3 – Parties Bound. 43.2 40.2 This dispute resolution procedure will apply to disputes about: (a) any Any matters arising in the employment relationship, except matters relating to the actual or 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 Matters in relation to the NESNES ; (dc) matters arising under the agreement; and (e) whether an employer Whether BaptistCare had reasonable business grounds under subsection 65(5) of the Act - (e.g.; requests for flexible working arrangements) arrangements or 76(4) of the Act - (requests for extending unpaid parental leave). 43.3 An employer 40.3 BaptistCare or employee may appoint another person, organisation or association ([e.g. Union or Aged & Community Services NSW & ACT) Australia (ACSA)] to accompany and/or represent them for the purposes of this clause. 43.4 40.4 In the event of a dispute the parties will initially attempt to resolve the matter in a timely manner at the workplace level, including, but not limited to: (a) the The employee and his or her supervisor discussing the matter; and (b) if If the matter is still not resolved the parties arranging further discussions involving more senior levels of management (as appropriate). 43.5 40.5 If a dispute is unable to be resolved at the workplace, in accordance with subclause 43.439.3, a party to the dispute may refer the matter to the FWC or other appropriate statutory tribunaltribunal following extensive consultation. 43.6 40.6 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) including mediation, conciliation and, with the exception of disputes arising under clause 36 – Workload Management, and finally arbitration; and (b) arbitration, for disputes arising under clause 36 – Workload Management, only with the agreement of the parties. 43.7 40.7 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 Work Health & 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. 43.1 46.1 Unless otherwise stated the terms “party” or “parties” referred to in this clause means the employer and/or the employees, as the context requiresthose included within clause 3 – Parties Bound. 43.2 46.2 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 clause 46.6 do not apply unless the parties agree. Further, the parties 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 46.3 An employer or employee may appoint another person, organisation or association ([e.g. Union or Aged & Community Services NSW & ACT) Australia (ACSA)] to accompany and/or represent them for the purposes of this clause. 43.4 46.4 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 46.5 If a dispute is unable to be resolved at the workplace, in accordance with subclause 43.4clause 46.4, a party to the dispute may refer the matter to the FWC or other appropriate statutory tribunal. 43.6 46.6 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 38 – Workload Management, arbitration; and (b) arbitration, for disputes arising under clause 36 38 – Workload Management, only with the agreement of the parties. 43.7 46.7 While the dispute resolution procedure is being conducted, work must continue in accordance with this agreement and the Act. Subject to applicable occupational health Work Health and safety 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.