GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees. 3.1.1 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, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure. 3.1.2 If the grievance or dispute is not resolved under clause 3.1.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative. 3.1.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.9. 3.1.4 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. 3.1.5 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. 3.1.6 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9. 3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute. 3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded. 3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. 3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not. 3.1.11 The decision of the AIRC will bind the parties.
Appears in 2 contracts
Samples: Workplace Agreement, Workplace Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 2.2.1 In the event of an employee having a grievance or dispute dispute, the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 2.2.2 If the grievance or dispute is not resolved under clause 3.1.12.2.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 2.2.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.92.2.5.
3.1.4 2.2.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.2.2, the matter shall be reported to senior management of the employer or the employer's nominated industrial representative. This should occur as soon as it is evident that discussions under clause 2.2.2 will not result in resolution of the dispute.
2.2.5 If, after discussion between the parties, or their nominees mentioned in clause 2.2.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Australian Industrial Relations Commission (The Commission) or an agreed private alternative dispute resolution provider with a request to assist conciliation between the parties.
2.2.6 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 2.2.7 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9.
3.1.7 A party 2.2.8 All parties to the dispute may appoint another personshall give due consideration to matters raised or any suggestion or recommendation made by the Commission or the dispute resolution provider, organization or association with a view to accompany or represent them in relation to the prompt settlement of the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 2 contracts
Samples: Support Services Certified Agreement, New Farm Clinic Support Services Certified Agreement 2006
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 3.2.1 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, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 3.2.2 If the grievance or dispute is not resolved under clause 3.1.13.2.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 3.2.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.93.2.5.
3.1.4 3.2.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 3.2.2, the matter shall, be reported to senior management. This should occur as soon as it is evident that discussions under clause 3.2.2 will not result in resolution of the dispute.
3.2.5 If, after discussion between the parties, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Commission in accordance with the provisions of the Act.
3.2.6 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 3.2.7 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 3.2.8 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to the prompt settlement of the dispute.
3.2.9 Any Order or Decision of the Commission (subject to the parties right of appeal under the Act) will be final and binding on all parties to the dispute.
3.2.10 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9the Act.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 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, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 If the grievance or dispute is not resolved under clause 3.1.1, the employee or the employee's representative if so chosen may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.9.
3.1.4 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement the Dispute may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Workplace Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. 3.1 QCOSS recognises the right and choice of employees to be represented by their union both individually and collectively in resolving workplace disputes. QCOSS recognises the important representational role that union delegates, representatives and officials have representing QCOSS employees.
3.2 The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer QCOSS in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 3.2.1 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, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 3.2.2 If the grievance or dispute is not resolved under clause 3.1.13.2.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possiblereasonably practicable, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 3.2.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.93.2.5.
3.1.4 3.2.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 3.2.2, the matter shall, in the case of a member of a Union, be reported to the relevant officer of that Union and the senior management of QCOSS or the QCOSS’ nominated industrial representative. An employee who is not a member of the Union may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.2.2 will not result in resolution of the dispute.
3.2.5 If, after discussion between the parties, or their nominees mentioned in clause 3.2.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to Fair Work Australia in accordance with the provisions of the Act.
3.2.6 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 3.2.7 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 3.2.8 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by Fair Work Australia with a view to the prompt settlement of the dispute.
3.2.9 Any Order or Decision of Fair Work Australia, subject to the parties' right of appeal, under the Act will be final and binding on all parties to the dispute.
3.2.10 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9the Act.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Collective Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 3.2.1 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, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 3.2.2 If the grievance or dispute is not resolved under clause 3.1.13.2.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 3.2.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.93.2.5.
3.1.4 Whilst all of 3.2.4 If the above procedure grievance or dispute is being followedstill unresolved after discussions mentioned in clause 3.2.2, normal work shall continue except the matter shall, in the case of a genuine safety issue.
3.1.5 The status quo existing before member of an Union, be reported to the emergence relevant officer of that Union and the senior management of the employer or the employer's nominated industrial representative. An employee who is not a member of an Union may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is to continue whilst the above procedure is being followed.
3.1.6 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance evident that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this under clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 3.2.1 In the event of an employee having a grievance or dispute the employee they shall in the first instance attempt to resolve the matter with the their immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the grievance or dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 3.2.2 If the grievance or dispute is not resolved under clause 3.1.13.2.1, the employee or the employee's their nominated representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's their representative.
3.1.3 3.2.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.93.2.5.
3.1.4 3.2.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 3.2.2, the matter shall be reported to the employee or their nominated representative and the senior management of the employer or the employer's nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.2.2 will not result in resolution of the dispute.
3.2.5 If, after discussion between the parties, or their nominees mentioned in clause 3.2.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the QIRC.
3.2.5.1 The parties agree that disputes will be conciliated by the QIRC.
3.2.5.2 The parties agree that the QIRC may make recommendations following a conciliation conference and that the parties shall give due consideration to matters raised or any suggestion or recommendation made by the QIRC with a view to the prompt settlement of the dispute.
3.2.5.3 If the dispute remains unresolved, the parties agree that the dispute will be arbitrated by the QIRC and that the decision of the QIRC will be final and binding on the parties subject to the parties’ right of appeal.
a) If the QIRC is unable to exercise the power conferred on it by the parties, then the parties agree that the process at 3.2.5 will be conducted on the same terms by the AIRC.
b) If the AIRC is unable to exercise the power conferred on it by the parties, then the parties agree that the process at 3.2.5 will be conducted on the same terms by a mutually agreed Private Arbitrator.
c) In the event that a Private Arbitrator is appointed by the parties, the process at 3.2.5 will be conducted, and the parties agree to bear their own costs of representation, unless otherwise agreed.
3.2.6 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 3.2.7 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of procedure in clause 3.1.93.2.5.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Union Collective Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 2.1.1 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, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 If the grievance or dispute is not resolved under clause 3.1.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 2.1.2 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.92.1.
3.1.4 2.1.3 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.1, the matter shall, be reported to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.1.1 will not result in resolution of the dispute.
2.1.4 If, after discussion between the parties, or their nominees mentioned in clause 2.1.3, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute can be given to the Commission in accordance with the provisions of the Act.
2.1.5 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 The issue and the status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 2.1.6 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to the prompt settlement of the dispute.
2.1.7 Any Order or Decision of the Commission (subject to the parties' right of appeal under the Act) will be final and binding on all parties to the dispute.
2.1.8 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9the Act.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Employee Collective Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer an employer in respect to any industrial matter and all other matters that the parties to the dispute agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.. ++
3.1.1 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, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 If the grievance or dispute is not resolved under clause 3.1.1, the employee or a representative of the employee's representative employees election (which may include a union official) may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's ’s representative.
3.1.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.93.1.5.
3.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 3.1.2, the matter shall be referred to the senior management of the employer or the employer’s nominated industrial representative. This should occur as soon as it is evident that discussions under clause 3.1.2 will not result in resolution of the dispute.
3.1.5 If, after discussion between the parties, or their nominees mentioned in clause 3.1.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Australian Industrial Relations Commission in accordance with the provisions of the Act.
3.1.6 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 3.1.7 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 Discussions 3.1.8 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to the prompt settlement of the dispute.
3.1.9 Any Order or Decision of the Commission (subject to the parties’ right of appeal under the Act) will be final and binding on all parties to the dispute.
3.1. 10Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9the Act.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Union Collective Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters 2.3.1 In the first instance the employee may, if appropriate, attempt to be dealt resolve the dispute or grievance with in this procedure shall include all grievances or disputes between an employee and the Employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employeesperson concerned.
3.1.1 2.3.2 In the event of an employee having a grievance or dispute the employee they shall in the first instance attempt to resolve the matter with the their immediate supervisor, who shall will respond to such the request as soon as if reasonably practicable under the circumstancescircumstances within 24 hours but in any event discussions shall not extend beyond three days. Where the grievance or dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 2.3.3 If the grievance or dispute is not resolved under clause 3.1.12.3.2, the employee or the employee's their nominated employee representative if so appointed, may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, shall take place within 24 hours after and shall not extend beyond three days from the request date of referral by the employee or the employee's nominated employee representative.
3.1.3 2.3.4 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.92.3.6.
3.1.4 2.3.5 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.3.3, the matter shall be reported to the employee and/or their nominated representative and the senior management of the employer and/or the employer's nominated industrial representative. This should occur as soon as it is evident that discussions under clause 2.3.3 will not result in resolution of the dispute.
2.3.6 It is agreed the above steps shall take place within 14 days in total.
2.3.7 Pending settlement and provided the status quo remains, employees shall remain normally at work. No party shall be prejudiced as to final settlement of the dispute by the continuance or work.
2.3.8 If, after discussion between the parties, or their nominees mentioned in clause 2.3.5, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to an independent mediator agreed upon by both parties.
(a) The parties agree that disputes will be conciliated by an agreed independent mediator agreed upon by both parties.
(b) The parties agree that an agreed independent mediator may make recommendations following a conciliation conference and that the parties shall give due consideration to matters raised or any suggestion or recommendation made by the independent mediator with a view to the prompt settlement of the dispute.
(c) If the dispute remains unresolved, the parties agree that the dispute will be arbitrated by the agreed independent mediator and that the decision of the independent mediator will be final and binding on the parties subject to the parties’ right of appeal, if any.
2.3.9 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 2.3.10 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of procedure in clause 3.1.92.3.8.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Union Collective Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. 3.2.1 The objectives of this procedure are to:
(a) promote the prompt resolution of grievances and disputes by consultation, co-operation and discussion;
(b) reduce the amount of disputation;
(c) promote efficiency, effectiveness and equity in the workplace.
3.2.2 The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer an employer in respect to of any industrial matter and all other matters that which the parties agree on and are specified hereinto be processed under clause 3.2. Such procedures procedure shall apply to a single employee or to any number of employees.
3.1.1 3.2.3 Stage 1 - 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, who shall respond to such request as soon as if reasonably practicable under the circumstancescircumstances within 24 hours. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 3.2.4 Stage 2 - If the grievance or dispute is not resolved under clause 3.1.1, in Stage 1 the employee or the employee's local Union representative may refer the matter to the next higher level of management for discussion. Such discussion should, should if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 3.2.5 If the grievance or dispute involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process and dispute settlement procedure by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.93.2.7.
3.1.4 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 The status quo existing before the emergence of 3.2.6 Stage 3 - If the grievance or dispute is to continue whilst still unresolved at Stage 2 discussions, the above procedure is being followed.
3.1.6 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it matter shall be open to any party to give notification of referred (preferably in writing) by the dispute in accordance with the provisions of clause 3.1.9.
3.1.7 A aggrieved party to the dispute may appoint another personDirector of Nursing or equivalent for further discussion. The matter shall, organization or association to accompany or represent them in relation the instance of a member of the Union, be reported to the dispute.
3.1.8 Throughout all stages relevant officer of the procedure all Union and the relevant facts shall be clearly identified and recorded.
3.1.9 In senior management of the event that employer or the preceding steps have failed to resolve employer's nominated industrial representative. An employee who is not a member of the dispute, either party to this Agreement Union may refer report the grievance or dispute to senior management or the Australian Industrial Relations Commission (AIRC) pursuant to section 709 employer's nominated industrial representative. This should occur as soon as it is evident that discussions under Stage 2 will not result in resolution of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effectivematter.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Union Collective Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the an Employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 3.6.1 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, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 3.6.2 If the grievance or dispute is not resolved under clause 3.1.13.6.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 3.6.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.93.6.9.
3.1.4 3.6.4 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 3.6.5 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 3.6.6 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.93.6.9.
3.1.7 3.6.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 3.6.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 3.6.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 3.6.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 3.6.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Workplace Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee or groups of employees and the Employer Wilmar in respect to any industrial matter and all other matters that arising from the parties agree on and are specified hereinapplication or interpretation of a provision contained in this Agreement or the National Employment Standards, including any disputes relating to the operation of Attachment 3 to this Agreement. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 (a) In the event of an employee having a grievance or dispute dispute, the employee shall in the first instance attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 (b) If the grievance or dispute is not resolved under clause 3.1.13.2(a), the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 (c) If the grievance involves allegations of unlawful discrimination by a supervisor supervisor, the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.93.2(e).
3.1.4 (d) If the grievance or dispute is still unresolved after discussions mentioned in clause 3.2(b), the matter shall be reported to the senior management of the employer or the employer's nominated representative. This should occur as soon as it is evident that discussions under clause 3.2(b) will not result in resolution of the dispute.
(e) Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act and in conjunction with the spirit and intent as outlined in clause 2 – Objectives Commitment of this Agreement that it considers appropriate to ensure the settlement of the dispute in conjunction with 3.2(f).
(f) The grievance or dispute will be dealt with by Commissioner Xxxxxxx if practicable, otherwise by a member nominated by either the head of the relevant panel or the President of the Fair Work Commission.
(g) The parties agree to be bound by the determination or arbitrated decision which will be accepted by the parties as a settlement of the grievance or dispute.
(h) The parties will also treat a 'strong recommendation' from the Commissioner as a binding resolution of the dispute or grievance.
(i) Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issueissue directly affecting the performance of the work.
3.1.5 (j) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. In this sub-clause, the 'status quo' may relate to an agreed position until the dispute or grievance is resolved, or if the parties cannot agree, the 'status quo' may be a previously accepted act or practice.
3.1.6 (k) Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages (l) If meetings of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which employees are necessary to make determine a union's position, the arbitration effectiveunions undertake to ensure operations are maintained.
3.1.10 It is (m) An employee may appoint a representative for the intention of the parties that in fulfilment purposes of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or notprocedure.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Enterprise Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters 2.3.1 In the first instance the employee may, if appropriate, attempt to be dealt resolve the dispute or grievance with in this procedure shall include all grievances or disputes between an employee and the Employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employeesperson concerned.
3.1.1 2.3.2 In the event of an employee having a grievance or dispute the employee they shall in the first instance attempt to resolve the matter with the their immediate supervisor, who shall will respond to such the request as soon as if reasonably practicable under the circumstancescircumstances within 24 hours but in any event discussions shall not extend beyond three days. Where the grievance or dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 2.3.3 If the grievance or dispute is not resolved under clause 3.1.12.3.2, the employee or the employee's their nominated employee representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, shall take place within 24 hours after and shall not extend beyond three days from the request date of referral by the employee or the employee's nominated employee representative.
3.1.3 2.3.4 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.92.3.6.
3.1.4 2.3.5 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.3.3, the matter shall be reported to the employee and/or their nominated representative and the senior management of the employer and/or the employer's nominated industrial representative. This should occur as soon as it is evident that discussions under clause 2.3.3 will not result in resolution of the dispute.
2.3.6 It is agreed the above steps shall take place within 14 days in total.
2.3.7 Pending settlement and provided the status quo remains, employees shall remain normally at work. No party shall be prejudiced as to final settlement of the dispute by the continuance or work.
2.3.8 If, after discussion between the parties, or their nominated representatives mentioned in clause 2.3.5, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given to the Australian Industrial Relations Commission (AIRC).
(a) The parties agree that disputes will be conciliated through the AIRC
(b) The parties agree that the AIRC may make recommendations following a conciliation conference and that the parties shall give due consideration to matters raised or any suggestion or recommendation made by the AIRC with a view to the prompt settlement of the dispute.
(c) If the dispute remains unresolved, the parties agree that the dispute will be arbitrated by the AIRC and that the decision of the AIRC will be final and binding on the parties subject to the parties’ right of appeal, if any.
2.3.9 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 2.3.10 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 2.3.11 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of procedure in clause 3.1.92.3.8.
3.1.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Union Collective Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the an Employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
3.1.1 3.3.1 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, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 3.3.2 If the grievance or dispute is not resolved under clause 3.1.13.3.1, the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 3.3.3 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.93.3.9.
3.1.4 3.3.4 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue.
3.1.5 3.3.5 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 3.3.6 Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.93.3.9.
3.1.7 3.3.7 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 3.3.8 Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
3.1.9 3.3.9 In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
3.1.10 3.3.10 It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 3.3.11 The decision of the AIRC will bind the parties.
Appears in 1 contract
Samples: Workplace Agreement
GRIEVANCE AND DISPUTE SETTLING PROCEDURE. (a) The matters to be dealt with in this procedure shall will include all grievances or disputes between an employee and the Employer in respect to any industrial matter matter, the NES and all other matters that the parties agree on and are specified herein. Such procedures shall will apply to a single employee or to any number of employees.
3.1.1 (b) In the event of an employee having a grievance or dispute the employee shall will in the first instance attempt to resolve the matter with the immediate supervisor, who shall will respond to such request as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in the procedure.
3.1.2 (c) If the grievance or dispute is not resolved under clause 3.1.1(b), the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative.
3.1.3 (d) If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.9(j).
3.1.4 (e) Whilst all of the above procedure is being followed, normal work shall will continue except in the case of a genuine safety issue.
3.1.5 (f) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
3.1.6 (g) Discussions at any stage of the procedure shall will not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall will be open to any party to give notification of the dispute in accordance with the provisions of clause 3.1.9(j).
3.1.7 (h) A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
3.1.8 (i) Throughout all stages of the procedure all relevant facts shall will be clearly identified and recorded.
3.1.9 (j) In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement a dispute may refer the dispute to the Australian Industrial Relations Commission Fair Work Australia (AIRCFWA) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC FWA may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.to
3.1.10 (k) It is the intention of the parties to a dispute that in fulfilment of this clause, the AIRC shall FWA will exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRCFWA, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not.
3.1.11 (l) The decision of the AIRC FWA will bind the parties.
Appears in 1 contract
Samples: Enterprise Agreement