Common use of Grievance and dispute settling procedures Clause in Contracts

Grievance and dispute settling procedures. 4.8.1 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 (arising out of the terms of this Agreement), the NES and any other matters agreed upon. The procedure shall apply to a single Employee or any number of Employees. A Union covered by this Agreement may commence, and be a party to, a grievance or dispute under this clause. An Employee may nominate a representative at any stage of the grievance and dispute settling procedure. This process seeks to prevent and resolve disputes closest to the source of the problem as soon as possible, in a manner which is fair and acceptable, in terms of outcomes, for all parties. 4.8.2 An Employee who has a grievance or dispute as defined in clause 4.8.1 and where they are unable to satisfactorily resolve the problem should: (a) Discuss the grievance or dispute with their immediate leader; (b) The leader will investigate and respond to the Employee as soon as practicable but no more than seven (7) working days after the grievance or dispute is raised; (c) If the grievance or dispute cannot be satisfactorily resolved at this stage the matter will be referred by either party to the next level of management within five (5) working days. If there are some exceptional reasons why the grievance or dispute cannot be discussed with the leader, the Employee may proceed to have the problem dealt with under this sub-clause. (d) If the grievance or dispute cannot be satisfactorily resolved at this level it will be referred by either party to the appropriate People and Culture Representative. (e) If the grievance or dispute cannot be satisfactorily resolved at this level, then either the Employer, or the Employees or their chosen representatives, may refer the matter to the FWC. i. The FWC is empowered to conciliate or, as a last resort, arbitrate a resolution to the dispute. ii. Where a dispute is referred to the FWC for conciliation and/or arbitration, the FWC shall have the power to do all such things as are necessary for the resolution or determination of the matter in dispute. This includes the exercising of procedural powers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. iii. Any order arising from the FWC shall be binding, subject to appeal. 4.8.3 Where the grievance involves allegations of a personal nature, sexual harassment, workplace harassment or other sensitive issues, an Employee may commence the procedure at clause 4.8.2 (c) of this Agreement. 4.8.4 In this clause, reference to the FWC includes its successor body, should it be introduced during the operation of this Agreement. 4.8.5 Whilst the dispute procedure is being implemented to resolve a dispute, normal work shall continue in accordance with the status quo except in a case of a genuine safety issue. Circumstances where an Employee has a reasonable concern about an imminent risk to their health and safety are exempt from this clause. No party shall be prejudiced as to the final settlement by the continuation of work in accordance with this clause. 4.8.6 At all stages of this process, leaders will endeavour to treat the grievance as a matter of priority. 4.8.7 Nothing contained in this procedure shall inhibit the Union or a representative of the People and Culture Team from becoming involved in the resolution of this dispute if such action is conducive to achieving an early resolution of the dispute/grievance or if the dispute/grievance has implications more far reaching than the immediate issue.

Grievance and dispute settling procedures. 4.8.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an Employee employee and the Employer an employer in respect to any industrial matter (arising out of the terms of this Agreement), the NES and any all other matters agreed uponthat the parties to the dispute agree on. The procedure Such procedures shall apply to a single Employee employee or to any number of Employees. A Union covered by this Agreement may commence, and be a party to, employees. 2.1.1 In the event of an employee having a grievance or dispute under this clause. An Employee may nominate a representative at any stage of the grievance and dispute settling procedure. This process seeks employee shall in the first instance attempt to prevent and resolve disputes closest the matter with the immediate supervisor, who shall respond to the source of the problem such request as soon as possible, reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in a manner which is fair and acceptable, in terms of outcomes, for all partiesthe procedure. 4.8.2 An Employee who has a grievance or dispute as defined in clause 4.8.1 and where they are unable to satisfactorily resolve the problem should: (a) Discuss the grievance or dispute with their immediate leader; (b) The leader will investigate and respond to the Employee as soon as practicable but no more than seven (7) working days after 2.1.2 If the grievance or dispute is raised;not resolved under clause 2. (c) 1.1 the employee or the employee’s 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 nominated representative. 2.1.3 If the grievance or dispute cannot be satisfactorily resolved at this stage involves allegations of unlawful discrimination by a supervisor the matter will be referred employee may commence the grievance resolution process by either party reporting the allegations to the next level of management within five (5) working daysbeyond that of the supervisor concerned. If there are some exceptional reasons why is no level of management beyond that involved in the grievance or dispute cannot be discussed with allegation the leader, the Employee employee may proceed directly to have the problem dealt with under this sub-clauseprocess outlined at clause 2.1.5. (d) 2.1.4 If the grievance or dispute cannot is still unresolved after discussions mentioned in clause 2.1.2., the matter shall be satisfactorily resolved at this level it will be referred by either party reported to the appropriate People and Culture Representativesenior management of the employer. This should occur as soon as it is evident that discussions under clause 2.1.2 will not result in resolution of the dispute. (e) 2.1.5 If the grievance or dispute canremains unresolved after genuine attempts to reach a resolution in accordance with clauses 2.1.1 to 2.1.4, either party to the dispute or the employee’s nominated representative may refer the grievance or dispute to the Australian Industrial Relations Commission (‘the AIRC’) under Division 5 of Part 13 of the Workplace Relations Act 1996 (Cth) ('the Act') for conciliation, and, if necessary, arbitration. The AIRC shall not propose, support or arbitrate any settlement that would be satisfactorily resolved at this level, then either inconsistent with the EmployerAustralian Government Implementation Guidelines for the National Code of Practice (the Code), or the Employees or their chosen representatives, may refer the matter Workplace Relations Act 1996 (as amended from time to time). Subject to the FWC. i. The FWC is empowered to conciliate orprocedures of the AIRC, as a last resort, arbitrate a resolution to the dispute. ii. Where a grievance or dispute which is referred to the FWC AIRC under this clause will be dealt with by Commissioner Xxxxxxxxxx, Commissioner Xxxxxxxx or Commissioner Xxxxxx, who hold the office of member of the AIRC under the Act. If the above members are not available to conduct the dispute resolution process for conciliation and/or arbitrationany reason within a reasonable time, the FWC grievance or dispute will be dealt with by any other Queensland based member of the Commission who hold the office of member of the AIRC under the Act. If for any reason an appointment can not be made in accordance with the above, the grievance or dispute will be dealt with by a member nominated by either the head of the relevant panel or the President of the AIRC. 2.1.6 When conciliating the grievance or dispute, the Commissioner is empowered to: a) Consult with the parties to the dispute (including any nominated representative/s) individually and/or collectively, formally and/or informally (however, the Commissioner must not allow the process of consultation to delay the resolution of the matter); b) Conduct site visits; c) Require other processes or procedures to be undertaken so as to enable the Commission to conciliate the grievance or dispute in a just and expeditious way; d) Make recommendations for consideration. When the Commissioner considers that the grievance or dispute is unlikely to be resolved by conciliation then the Commissioner shall proceed to finalise the matter by arbitration 2.1.7 When arbitrating the grievance or dispute, the Commissioner is empowered to: a) Ask for oral or written submissions to be prepared; b) Conduct site visits; c) Require other processes or procedures to be undertaken so as to enable the Commission to arbitrate the grievance or dispute in a just and expeditious way. 2.1.8 When arbitrating the grievance or dispute, the Commissioner is required to have regard to the spirit and intent of this agreement. 2.1.9 The Commissioner has the power to decide on appropriate remedies to resolve the grievance or dispute. This power will include, but not be limited to, a binding direction that a party to the dispute act or cease to act in a certain manner, or do all such things as are necessary for to implement the resolution or determination decision of the matter in disputeCommissioner. 2.1.10 Subject to the procedures of the AIRC, the Commissioner is required to hand down a decision within 10 days of the conclusion of the hearing. This includes the exercising of procedural powers determination or arbitrated decision must be recorded in relation to directions, hearings, witnesses, evidence writing or transcript and submissions which are necessary to make the arbitration effectivebe accompanied with supporting reasons. iii. Any order arising from the FWC shall be binding, subject to 2.1.11 The determination or arbitrated decision is final and there is no right of appeal. 4.8.3 Where 2.1.12 Whilst all of the grievance involves allegations of a personal nature, sexual harassment, workplace harassment or other sensitive issues, an Employee may commence the procedure at clause 4.8.2 (c) of this Agreement. 4.8.4 In this clause, reference to the FWC includes its successor body, should it be introduced during the operation of this Agreement. 4.8.5 Whilst the dispute above procedure is being implemented to resolve a disputefollowed, normal work shall continue in accordance with the status quo except in a the case of a genuine safety issueissue directly affecting the performance of the work. 2.1.13 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. Circumstances where [In this sub-clause, the 'status quo' may relate to an Employee has agreed position until the dispute or grievance is resolved, or if the parties to the dispute cannot agree, the 'status quo' may be a previously accepted act or practice.] 2.1.14 Discussions at any stage of the procedure shall not be unreasonably delayed by any party to the dispute, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable concern about an imminent risk period of time for the appropriate response to their health and safety be made. If genuine discussions are exempt from this clause. No party unreasonably delayed or hindered, it shall be prejudiced as open to any party to the final settlement by the continuation of work in accordance with this clause. 4.8.6 At all stages of this process, leaders will endeavour dispute to treat the grievance as a matter of priority. 4.8.7 Nothing contained in this procedure shall inhibit the Union or a representative of the People and Culture Team from becoming involved in the resolution of this dispute if such action is conducive to achieving an early resolution give notification of the dispute/grievance . 2.1.15 A party to the dispute may appoint another person, organisation or if association to accompany or represent them in relation to the dispute/grievance has implications more far reaching than . However a party or person to the immediate issuedispute may be represented by a lawyer or employee of a law firm if, and only if, all parties to the dispute consent.

Grievance and dispute settling procedures. 4.8.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an Employee employee and the Employer an employer in respect to any industrial matter (arising out of the terms of this Agreement), the NES and any all other matters agreed uponthat the parties agree on and are specified herein. The procedure Such procedures shall apply to a single Employee employee or to any number of Employees. A Union covered by this Agreement may commence, and be a party to, employees. 2.1.1 In the event of an employee having a grievance or dispute under this clause. An Employee may nominate a representative at any stage of the grievance and dispute settling procedure. This process seeks employee shall in the first instance attempt to prevent and resolve disputes closest the matter with the immediate supervisor, who shall respond to the source of the problem such request as soon as possible, reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in a manner which is fair and acceptable, in terms of outcomes, for all partiesthe procedure. 4.8.2 An Employee who has a grievance or dispute as defined in clause 4.8.1 and where they are unable to satisfactorily resolve the problem should: (a) Discuss the grievance or dispute with their immediate leader; (b) The leader will investigate and respond to the Employee as soon as practicable but no more than seven (7) working days after 2.1.2 If the grievance or dispute is raised;not resolved under clause 2.1.1 the employee or the employee’s 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 nominated representative. (c) 2.1.3 If the grievance or dispute cannot be satisfactorily resolved at this stage involves allegations of unlawful discrimination by a supervisor the matter will be referred employee may commence the grievance resolution process by either party reporting the allegations to the next level of management within five (5) working daysbeyond that of the supervisor concerned. If there are some exceptional reasons why is no level of management beyond that involved in the grievance or dispute cannot be discussed with allegation the leader, the Employee employee may proceed directly to have the problem dealt with under this sub-clauseprocess outlined at clause 2.1.5. (d) 2.1.4 If the grievance or dispute cannot is still unresolved after discussions mentioned in clause 2.1.2., the matter shall be satisfactorily resolved at this level it will be referred by either party reported to the appropriate People and Culture Representativesenior management of the employer or the employer’s nominated representative. This should occur as soon as it is evident that discussions under clause 2.1.2 will not result in resolution of the dispute. (e) 2.1.5 If the grievance or dispute cannot remains unresolved after genuine attempts to reach a resolution in accordance with clauses 2.1.1 to 2.1.4, either party to the dispute or the employee’s nominated representative may refer the grievance or dispute to Deputy President Xxxxxxxxxx or Commissioner Xxxxxxxx for conciliation, and, if necessary, arbitration. No-one shall propose, support or arbitrate any settlement that would be satisfactorily resolved at this level, then either inconsistent with the EmployerAustralian Government Implementation Guidelines for the National Code of Practice (the Code), or the Employees Fair Work Act (as amended from time to time). If for any reason an appointment can not be made in accordance with the above, the grievance or their chosen representativesdispute will be dealt with by a member nominated by either the head of the relevant panel or the President of Fair Work Australia. 2.1.6 When conciliating the grievance or dispute, may refer the Commissioner is empowered to: a) Consult with the parties to the dispute individually and/or collectively, formally and/or informally (however, the Commissioner must not allow the process of consultation to delay the resolution of the matter); b) Conduct site visits; c) Require other processes or procedures to be undertaken so as to enable the Commission to conciliate the grievance or dispute in a just and expeditious way; d) Make recommendations for the parties’ consideration. When the Commissioner considers that the grievance or dispute is unlikely to be resolved by conciliation then the Commissioner shall proceed to finalise the matter by arbitration 2.1.7 When arbitrating the grievance or dispute, the Commissioner is empowered to: a) Ask for oral or written submissions to be prepared; b) Conduct site visits; c) Require other processes or procedures to be undertaken so as to enable the Commission to arbitrate the grievance or dispute in a just and expeditious way. 2.1.8 Subject to the FWCprocedures of the Commission, the Commissioner is required to list the matter for conciliation within three (3) working days of the matter being referred. i. The FWC 2.1.9 When arbitrating the grievance or dispute, the Commissioner is empowered required to conciliate or, as a last resort, arbitrate a resolution have regard to the disputespirit and intent of this agreement. ii. Where a dispute is referred to the FWC for conciliation and/or arbitration, the FWC shall have 2.1.10 The Commissioner has the power to decide on appropriate remedies to resolve the grievance or dispute. This power will include, but not be limited to, a binding direction that a party act or cease to act in a certain manner, or do all such things as are necessary for to implement the resolution or determination decision of the matter in disputeCommissioner. 2.1.11 Subject to the procedures of the tribunal, the Commissioner is required to hand down a decision within 10 days of the conclusion of the hearing. This includes the exercising of procedural powers determination or arbitrated decision must be recorded in relation to directions, hearings, witnesses, evidence writing or transcript and submissions which are necessary to make the arbitration effectivebe accompanied with supporting reasons. iii. Any order arising from 2.1.12 The parties to the FWC shall dispute agree to be bindingbound by the determination or arbitrated decision, subject to which will be accepted by the parties as a settlement of the grievance or dispute. 2.1.13 The determination or arbitrated decision is final and there is no right of appeal. 4.8.3 Where 2.1.14 Whilst all of the grievance involves allegations of a personal nature, sexual harassment, workplace harassment or other sensitive issues, an Employee may commence the procedure at clause 4.8.2 (c) of this Agreement. 4.8.4 In this clause, reference to the FWC includes its successor body, should it be introduced during the operation of this Agreement. 4.8.5 Whilst the dispute above procedure is being implemented to resolve a disputefollowed, normal work shall continue in accordance with the status quo except in a the case of a genuine safety issueissue directly affecting the performance of the work. 2.1.15 the status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. Circumstances where [In this sub-clause, the 'status quo' may relate to an Employee has 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.] 2.1.16 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 concern about an imminent risk period of time for the appropriate response to their health and safety be made. If genuine discussions are exempt from this clause. No party unreasonably delayed or hindered, it shall be prejudiced as open to any party to the final settlement by the continuation of work in accordance with this clause. 4.8.6 At all stages of this process, leaders will endeavour dispute to treat the grievance as a matter of priority. 4.8.7 Nothing contained in this procedure shall inhibit the Union or a representative of the People and Culture Team from becoming involved in the resolution of this dispute if such action is conducive to achieving an early resolution give notification of the dispute/grievance or if the dispute/grievance has implications more far reaching than the immediate issue.

Grievance and dispute settling procedures. 4.8.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an Employee employee and the Employer an employer in respect to any industrial matter (arising out of the terms of this Agreement), the NES and any all other matters agreed uponthat the parties agree on and are specified herein. The procedure Such procedures shall apply to a single Employee employee or to any number of Employeesemployees. 2.1.1. A Union covered by this Agreement may commence, and be a party to, In the event of an employee having a grievance or dispute under this clause. An Employee may nominate a representative at any stage of the grievance and dispute settling procedure. This process seeks employee shall in the first instance attempt to prevent and resolve disputes closest the matter with the immediate supervisor, who shall respond to the source of the problem such request as soon as possible, reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in a manner which is fair and acceptable, in terms of outcomes, for all partiesthe procedure. 4.8.2 An Employee who has a grievance or dispute as defined in clause 4.8.1 and where they are unable to satisfactorily resolve the problem should: (a) Discuss the grievance or dispute with their immediate leader; (b) The leader will investigate and respond to the Employee as soon as practicable but no more than seven (7) working days after 2.1.2. If the grievance or dispute is raised;not resolved under clause 2. (c) 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. 2.1.3. If the grievance or dispute cannot be satisfactorily resolved at this stage involves allegations of unlawful discrimination by a supervisor the matter will be referred employee may commence the grievance resolution process by either party reporting the allegations to the next level of management within five (5) working daysbeyond that of the supervisor concerned. If there are some exceptional reasons why is no level of management beyond that involved in the grievance or dispute cannot be discussed with allegation the leader, the Employee employee may proceed directly to have the problem dealt with under this sub-clauseprocess outlined at clause 2.1.5. (d) 2.1.4. If the grievance or dispute cannot is still unresolved after discussions mentioned in clause 2.1.2., the matter shall be satisfactorily resolved at this level it will be referred by either party reported to the appropriate People and Culture Representativesenior management of the employer or the employer’s nominated representative. This should occur as soon as it is evident that discussions under clause 2.1.2 will not result in resolution of the dispute. (e) 2.1.5. If the grievance or dispute cannot be satisfactorily resolved at this levelremains unresolved after the parties have genuinely attempted to reach a resolution in accordance with clauses 2.1.1 to 2.1.4, then either the Employer, or the Employees or their chosen representatives, party may refer the matter grievance or dispute to the FWC. i. The FWC is empowered to conciliate or, as a last resort, arbitrate a resolution Australian Industrial Relations Commission ('the Commission') under Division 5 of Part 13 of the Workplace Relations Act 1996 (Cth) ('the Act') for arbitration. Subject to the dispute. ii. Where procedures of the Commission, a grievance or dispute which is referred to the FWC Commission under this clause will be dealt with by either Commissioner Xxxxxxxxxx or Commissioner Xxxxxxxx who hold the office of member of the Commission under the Act. If both members are not available to conduct the dispute resolution process for conciliation and/or arbitrationany reason within a reasonable time, the FWC shall grievance or dispute will be dealt with by the following member who holds the office of member of the Commission under the Act, in order of preference, subject to availability: 1. Commissioner Xxxxx, or 2. any other Queensland based member of the Commission. If for any reason an appointment can not be made in accordance with the above, the grievance or dispute will be dealt with by a member nominated by either the head of the relevant panel or the President of the Commission. 2.1.6. When arbitrating the grievance or dispute, the Commissioner is empowered to: (i) Consult with the parties individually and/or collectively, formally and/or informally (however, the Commissioner must not allow the process of consultation to delay the hearing of the matter in accordance with clause 2.1.7); (ii) Ask for oral or written submissions to be prepared; (iii) Conduct site visits; (iv) Require other processes or procedures to be undertaken so as to enable the Commission to arbitrate the grievance or dispute in a just and expeditious way. 2.1.7. Subject to the procedures of the Commission, the Commissioner is required to list the matter for hearing within three (3) working days of the matter being referred. 2.1.8. When arbitrating the grievance or dispute, the Commissioner is required to have regard to the spirit and intent of this agreement and the potential future impacts for each party under related legislation. 2.1.9. The Commissioner has the power to decide on appropriate remedies to resolve the grievance or dispute. This power will include, but not be limited to, a binding direction that a party act or cease to act in a certain manner, or do all such things as are necessary for to implement the resolution or determination decision of the matter in Commissioner. However, the Commissioner's role is not to conciliate the grievance or dispute. 2.1.10. Subject to the procedures of the Commission, the Commissioner is required to hand down a decision within 10 days of the conclusion of the hearing. This includes the exercising of procedural powers determination or arbitrated decision must be recorded in relation to directions, hearings, witnesses, evidence writing or transcript and submissions which are necessary to make the arbitration effectivebe accompanied with supporting reasons. iii2.1.11. Any order arising from The parties agree to be bound by the FWC shall determination or arbitrated decision, which will be binding, subject to appealaccepted by the parties as a settlement of the grievance or dispute. 4.8.3 Where 2.1.12. Whilst all of the grievance involves allegations of a personal nature, sexual harassment, workplace harassment or other sensitive issues, an Employee may commence the procedure at clause 4.8.2 (c) of this Agreement. 4.8.4 In this clause, reference to the FWC includes its successor body, should it be introduced during the operation of this Agreement. 4.8.5 Whilst the dispute above procedure is being implemented to resolve a disputefollowed, normal work shall continue in accordance with the status quo except in a the case of a genuine safety issue. Circumstances where an Employee has a reasonable concern about an imminent risk to their health and safety directly affecting the performance of an employees work. 2.1.13. 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.] 2.1.14. 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 exempt from this clause. No party unreasonably delayed or hindered, it shall be prejudiced as open to the final settlement by the continuation of work in accordance with this clause. 4.8.6 At all stages of this process, leaders will endeavour any party to treat the grievance as a matter of priority. 4.8.7 Nothing contained in this procedure shall inhibit the Union or a representative of the People and Culture Team from becoming involved in the resolution of this dispute if such action is conducive to achieving an early resolution give notification of the dispute/grievance or if the dispute/grievance has implications more far reaching than the immediate issue.

Grievance and dispute settling procedures. 4.8.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an Employee employee and the Employer an employer in respect to any industrial matter (arising out of the terms of this Agreement), the NES and any all other matters agreed uponthat the parties to the dispute agree on. The procedure Such procedures shall apply to a single Employee employee or to any number of Employees. A Union covered by this Agreement may commence, and be a party to, employees. 2.1.1 In the event of an employee having a grievance or dispute under this clause. An Employee may nominate a representative at any stage of the grievance and dispute settling procedure. This process seeks employee shall in the first instance attempt to prevent and resolve disputes closest the matter with the immediate supervisor, who shall respond to the source of the problem such request as soon as possible, reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in a manner which is fair and acceptable, in terms of outcomes, for all partiesthe procedure. 4.8.2 An Employee who has a grievance or dispute as defined in clause 4.8.1 and where they are unable to satisfactorily resolve the problem should: (a) Discuss the grievance or dispute with their immediate leader; (b) The leader will investigate and respond to the Employee as soon as practicable but no more than seven (7) working days after 2.1.2 If the grievance or dispute is raised;not resolved under clause 2. (c) 1.1 the employee or the employee’s 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 nominated representative. 2.1.3 If the grievance or dispute cannot be satisfactorily resolved at this stage involves allegations of unlawful discrimination by a supervisor the matter will be referred employee may commence the grievance resolution process by either party reporting the allegations to the next level of management within five (5) working daysbeyond that of the supervisor concerned. If there are some exceptional reasons why is no level of management beyond that involved in the grievance or dispute cannot be discussed with allegation the leader, the Employee employee may proceed directly to have the problem dealt with under this sub-clauseprocess outlined at clause 2.1.5. (d) 2.1.4 If the grievance or dispute cannot is still unresolved after discussions mentioned in clause 2.1.2., the matter shall be satisfactorily resolved at this level it will be referred by either party reported to the appropriate People and Culture Representativesenior management of the employer. This should occur as soon as it is evident that discussions under clause 2.1.2 will not result in resolution of the dispute. (e) 2.1.5 If the grievance or dispute canremains unresolved after genuine attempts to reach a resolution in accordance with clauses 2.1.1 to 2.1.4, either party to the dispute or the employee’s nominated representative may refer the grievance or dispute to the Australian Industrial Relations Commission (‘the AIRC’) under Division 5 of Part 13 of the Workplace Relations Act 1996 (Cth) ('the Act') for conciliation, and, if necessary, arbitration. The AIRC shall not propose, support or arbitrate any settlement that would be satisfactorily resolved at this level, then either inconsistent with the EmployerAustralian Government Implementation Guidelines for the National Code of Practice (the Code), or the Employees or their chosen representatives, may refer the matter Workplace Relations Act 1996 (as amended from time to time). Subject to the FWC. i. The FWC is empowered to conciliate orprocedures of the AIRC, as a last resort, arbitrate a resolution to the dispute. ii. Where a grievance or dispute which is referred to the FWC AIRC under this clause will be dealt with by Commissioner , Commissioner , Commissioner or Commissioner , who hold the office of member of the AIRC under the Act. If the above members are not available to conduct the dispute resolution process for conciliation and/or arbitrationany reason within a reasonable time, the FWC grievance or dispute will be dealt with by any other Queensland based member of the Commission who hold the office of member of the AIRC under the Act. If for any reason an appointment can not be made in accordance with the above, the grievance or dispute will be dealt with by a member nominated by either the head of the relevant panel or the President of the AIRC. 2.1.6 When conciliating the grievance or dispute, the Commissioner is empowered to: a) Consult with the parties to the dispute (including any nominated representative/s) individually and/or collectively, formally and/or informally (however, the Commissioner must not allow the process of consultation to delay the resolution of the matter); b) Conduct site visits; c) Require other processes or procedures to be undertaken so as to enable the Commission to conciliate the grievance or dispute in a just and expeditious way; d) Make recommendations for consideration. When the Commissioner considers that the grievance or dispute is unlikely to be resolved by conciliation then the Commissioner shall proceed to finalise the matter by arbitration 2.1.7 When arbitrating the grievance or dispute, the Commissioner is empowered to: a) Ask for oral or written submissions to be prepared; b) Conduct site visits; c) Require other processes or procedures to be undertaken so as to enable the Commission to arbitrate the grievance or dispute in a just and expeditious way. 2.1.8 When arbitrating the grievance or dispute, the Commissioner is required to have regard to the spirit and intent of this agreement. 2.1.9 The Commissioner has the power to decide on appropriate remedies to resolve the grievance or dispute. This power will include, but not be limited to, a binding direction that a party to the dispute act or cease to act in a certain manner, or do all such things as are necessary for to implement the resolution or determination decision of the matter in dispute. This includes the exercising of procedural powers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to make the arbitration effectiveCommissioner. iii. Any order arising from the FWC shall be binding, subject to 2.1.10 The determination or arbitrated decision is final and there is no right of appeal. 4.8.3 Where 2.1.11 Whilst all of the grievance involves allegations of a personal nature, sexual harassment, workplace harassment or other sensitive issues, an Employee may commence the procedure at clause 4.8.2 (c) of this Agreement. 4.8.4 In this clause, reference to the FWC includes its successor body, should it be introduced during the operation of this Agreement. 4.8.5 Whilst the dispute above procedure is being implemented to resolve a disputefollowed, normal work shall continue in accordance with the status quo except in a the case of a genuine safety issueissue directly affecting the performance of the work. 2.1.12 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. Circumstances where [In this sub-clause, the 'status quo' may relate to an Employee has agreed position until the dispute or grievance is resolved, or if the parties to the dispute cannot agree, the 'status quo' may be a previously accepted act or practice.] 2.1.13 Discussions at any stage of the procedure shall not be unreasonably delayed by any party to the dispute, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable concern about an imminent risk period of time for the appropriate response to their health and safety be made. If genuine discussions are exempt from this clause. No party unreasonably delayed or hindered, it shall be prejudiced as open to any party to the final settlement by the continuation of work in accordance with this clause. 4.8.6 At all stages of this process, leaders will endeavour dispute to treat the grievance as a matter of priority. 4.8.7 Nothing contained in this procedure shall inhibit the Union or a representative of the People and Culture Team from becoming involved in the resolution of this dispute if such action is conducive to achieving an early resolution give notification of the dispute/grievance . 2.1.14 A party to the dispute may appoint another person, organisation or if association to accompany or represent them in relation to the dispute/grievance has implications more far reaching than . However a party or person to the immediate issuedispute may be represented by a lawyer or employee of a law firm if, and only if, all parties to the dispute consent.

Grievance and dispute settling procedures. 4.8.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an Employee employee and the Employer an employer in respect to any industrial matter (arising out of the terms of this Agreement), the NES and any all other matters agreed uponthat the parties agree on and are specified herein. The procedure Such procedures shall apply to a single Employee employee or to any number of Employees. A Union covered by this Agreement may commence, and be a party to, employees. 2.1.1 In the event of an employee having a grievance or dispute under this clause. An Employee may nominate a representative at any stage of the grievance and dispute settling procedure. This process seeks employee shall in the first instance attempt to prevent and resolve disputes closest the matter with the immediate supervisor, who shall respond to the source of the problem such request as soon as possible, reasonably practicable under the circumstances. Where the dispute concerns alleged actions of the immediate supervisor the employee/s may bypass this level in a manner which is fair and acceptable, in terms of outcomes, for all partiesthe procedure. 4.8.2 An Employee who has a grievance or dispute as defined in clause 4.8.1 and where they are unable to satisfactorily resolve the problem should: (a) Discuss the grievance or dispute with their immediate leader; (b) The leader will investigate and respond to the Employee as soon as practicable but no more than seven (7) working days after 2.1.2 If the grievance or dispute is raised;not resolved under clause 2. (c) 1.1 the employee or the employee’s 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 nominated representative. 2.1.3 If the grievance or dispute cannot be satisfactorily resolved at this stage involves allegations of unlawful discrimination by a supervisor the matter will be referred employee may commence the grievance resolution process by either party reporting the allegations to the next level of management within five (5) working daysbeyond that of the supervisor concerned. If there are some exceptional reasons why is no level of management beyond that involved in the grievance or dispute cannot be discussed with allegation the leader, the Employee employee may proceed directly to have the problem dealt with under this sub-clauseprocess outlined at clause 2.1.5. (d) 2.1.4 If the grievance or dispute cannot is still unresolved after discussions mentioned in clause 2.1.2., the matter shall be satisfactorily resolved at this level it will be referred by either party reported to the appropriate People and Culture Representativesenior management of the employer or the employer’s nominated representative. This should occur as soon as it is evident that discussions under clause 2.1.2 will not result in resolution of the dispute. (e) 2.1.5 If the grievance or dispute cannot be satisfactorily resolved at this levelremains unresolved after the parties have genuinely attempted to reach a resolution in accordance with clauses 2.1.1 to 2.1.4, then either the Employer, or the Employees or their chosen representatives, party may refer the matter grievance or dispute to the FWC. i. The FWC is empowered to conciliate orAustralian Industrial Relations Commission (‘the AIRC’) under Division 5 of Part 13 of the Workplace Relations Act 1996 (Cth) ('the Act') for conciliation, as a last resortand, arbitrate a resolution if necessary, arbitration. Subject to the dispute. ii. Where procedures of the AIRC, a grievance or dispute which is referred to the FWC AIRC under this clause will be dealt with by Commissioner Xxxxxxxxxx, Commissioner Xxxxxxxx, Commissioner Xxxxx or Commissioner Xxxxxx, who hold the office of member of the AIRC under the Act. If the above members are not available to conduct the dispute resolution process for any reason within a reasonable time, the grievance or dispute will be dealt with by any other Queensland based member of the Commission who hold the office of member of the AIRC under the Act. If for any reason an appointment can not be made in accordance with the above, the grievance or dispute will be dealt with by a member nominated by either the head of the relevant panel or the President of the AIRC. 2.1.6 When conciliating the grievance or dispute, the Commissioner is empowered to: a) Consult with the parties individually and/or collectively, formally and/or informally (however, the Commissioner must not allow the process of consultation to delay the resolution of the matter); b) Conduct site visits; c) Require other processes or procedures to be undertaken so as to enable the Commission to conciliate the grievance or dispute in a just and expeditious way; d) Make recommendations for the parties’ consideration. When the Commissioner considers that the grievance or dispute is unlikely to be resolved by conciliation then the Commissioner shall proceed to finalise the matter by arbitration 2.1.7 When arbitrating the grievance or dispute, the Commissioner is empowered to: a) Ask for oral or written submissions to be prepared; b) Conduct site visits; c) Require other processes or procedures to be undertaken so as to enable the Commission to arbitrate the grievance or dispute in a just and expeditious way. 2.1.8 Subject to the procedures of the Commission, the Commissioner is required to list the matter for conciliation and/or arbitrationwithin three (3) working days of the matter being referred. 2.1.9 When arbitrating the grievance or dispute, the FWC shall Commissioner is required to have regard to the spirit and intent of this agreement. 2.1.10 The Commissioner has the power to decide on appropriate remedies to resolve the grievance or dispute. This power will include, but not be limited to, a binding direction that a party act or cease to act in a certain manner, or do all such things as are necessary for to implement the resolution or determination decision of the matter in disputeCommissioner. 2.1.11 Subject to the procedures of the AIRC, the Commissioner is required to hand down a decision within 10 days of the conclusion of the hearing. This includes the exercising of procedural powers determination or arbitrated decision must be recorded in relation to directions, hearings, witnesses, evidence writing or transcript and submissions which are necessary to make the arbitration effectivebe accompanied with supporting reasons. iii. Any order arising from 2.1.12 The parties agree to be bound by the FWC shall determination or arbitrated decision, which will be binding, subject to accepted by the parties as a settlement of the grievance or dispute. 2.1.13 The determination or arbitrated decision is final and there is no right of appeal. 4.8.3 Where 2.1.14 Any decision of the grievance involves allegations AIRC made to resolve a dispute under these procedures must not be inconsistent with the National Code of a personal naturePractice for the Construction Industry and its Implementation Guidelines, sexual harassment, workplace harassment or other sensitive issues, an Employee may commence the procedure at clause 4.8.2 (c) of this Agreementas varied from time to time. 4.8.4 In this clause, reference to 2.1.15 Whilst all of the FWC includes its successor body, should it be introduced during the operation of this Agreement. 4.8.5 Whilst the dispute above procedure is being implemented to resolve a disputefollowed, normal work shall continue in accordance with the status quo except in a the case of a genuine safety issueissue directly affecting the performance of the work. 2.1.16 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. Circumstances where [In this sub-clause, the 'status quo' may relate to an Employee has 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.] 2.1.17 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 concern about an imminent risk period of time for the appropriate response to their health and safety be made. If genuine discussions are exempt from this clause. No party unreasonably delayed or hindered, it shall be prejudiced as open to the final settlement by the continuation of work in accordance with this clause. 4.8.6 At all stages of this process, leaders will endeavour any party to treat the grievance as a matter of priority. 4.8.7 Nothing contained in this procedure shall inhibit the Union or a representative of the People and Culture Team from becoming involved in the resolution of this dispute if such action is conducive to achieving an early resolution give notification of the dispute/grievance or if the dispute/grievance has implications more far reaching than the immediate issue.

Grievance and dispute settling procedures. 4.8.1 3.1.1 The matters parties agree to be dealt with in this procedure shall include the principle of "Natural Justice" for all grievances or disputes between an Employee employees. A formalised grievance process is available to all employees to ensure they are treated fairly and equitably. 3.1.2 It is the Employer in respect to any industrial matter (arising out aim of the terms of this Agreement), the NES parties to ensure that grievances are resolved as quickly as possible and any other matters agreed upon. The procedure shall apply to a single Employee or any number of Employees. A Union covered by this Agreement may commence, and be a party to, a grievance or dispute under this clause. An Employee may nominate a representative at any stage of the grievance and dispute settling procedure. This process seeks to prevent and resolve disputes closest as close to the source of the problem as soon grievance as possible. 3.1.3 Employee(s) should, in a manner which is fair and acceptablethe first instance, in terms of outcomes, for all parties. 4.8.2 An Employee who has a grievance or dispute as defined in clause 4.8.1 and where they are unable seek to satisfactorily resolve the problem should: (a) Discuss the grievance or any grievance/dispute with their supervisor. Where the dispute concerns alleged actions of the immediate leader;supervisor the employee/s may bypass this level in the procedure. (b) The leader will investigate and respond to the Employee as soon as practicable but no more than seven (7) working days after the grievance or dispute is raised; (c) 3.1.4 If the grievance involves allegations of unlawful discrimination and or dispute cannot be satisfactorily resolved at this stage sexual harassment, the employee should refer the matter will in accordance with the policy of the workplace. Where the workplace does not have a policy for this matter, the following procedure should be referred used. If the grievance involves allegations of unlawful discrimination and or sexual harassment by either party a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management within five (5) working daysbeyond that of the supervisor concerned. If there are some exceptional reasons why is no level of management beyond that involved in the grievance or allegation the employee may proceed directly to the process outlined at clause 3.1.7. 3.1.5 Conversely, supervisors should seek to resolve any grievance/dispute cannot be discussed with the leaderemployee(s) concerned. 3.1.6 If the employee(s) and supervisor are unable to resolve the grievance/dispute, the Employee may proceed matter shall be referred to have the problem dealt with under this sub-clausenext level of management. (d) 3.1.7 If the grievance or dispute canmatter is not be satisfactorily resolved at this level it Stage 1, the employee(s) may report the issue to their nominated representative. Where the grievance/dispute is proceeded with, the nominated representative and the employee(s) will discuss the issue with the employee's manager in order to seek a resolution. 3.1.8 If not resolved at Stage 2, the issue will be referred to the Commission for resolution. 3.1.9 The process contained in Stages 1 and 2 should be completed within 7 days of the issue being raised at Stage 1. The above procedure is not intended to preclude ultimate access by either party to the appropriate People and Culture RepresentativeCommission for conciliation or arbitration purposes. (e) If the grievance or dispute cannot be satisfactorily resolved at this level, then either the Employer, or the Employees or their chosen representatives, may refer the matter to the FWC. i. The FWC is empowered to conciliate or, as a last resort, arbitrate a resolution to the dispute. ii. Where a dispute is referred to the FWC for conciliation and/or arbitration, the FWC shall have the power to do 3.1.10 Whilst all such things as are necessary for the resolution or determination of the matter in dispute. This includes the exercising of procedural powers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. iii. Any order arising from the FWC shall be binding, subject to appeal. 4.8.3 Where the grievance involves allegations of a personal nature, sexual harassment, workplace harassment or other sensitive issues, an Employee may commence the procedure at clause 4.8.2 (c) of this Agreement. 4.8.4 In this clause, reference to the FWC includes its successor body, should it be introduced during the operation of this Agreement. 4.8.5 Whilst the dispute above procedure is being implemented to resolve a disputefollowed, normal work shall continue in accordance with the status quo except in a the case of a genuine safety issue. Circumstances where an Employee has a reasonable concern about an imminent risk to their health and safety are exempt from this clause. No party shall be prejudiced as to the final settlement by the continuation of work in accordance with this clause. 4.8.6 At all stages 3.1.11 The status quo existing before the emergence of this process, leaders will endeavour to treat the grievance as a matter of priorityor dispute is to continue whilst the above procedure is being followed. 4.8.7 Nothing contained in this procedure shall inhibit the Union or a representative of the People and Culture Team from becoming involved in the resolution of this dispute if such action is conducive to achieving an early resolution of the dispute/grievance or if the dispute/grievance has implications more far reaching than the immediate issue.