Grievance and dispute settling procedures. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties to the dispute agree on. Such procedures shall apply to a single employee or to any number of employees. 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. 2.1.2 If the grievance or dispute is 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. 2.1.3 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 2.1.5. 2.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.2., the matter shall be reported to the senior 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. 2.1.5 If the grievance or dispute 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 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 inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code), or the Workplace Relations Act 1996 (as amended from time to time). Subject to the procedures of the AIRC, a grievance or dispute which is referred to the 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 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 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 to implement the decision of the Commissioner. 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 determination or arbitrated decision must be recorded in writing or transcript and be accompanied with supporting reasons. 2.1.11 The determination or arbitrated decision is final and there is no right of appeal. 2.1.12 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue 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. [In this sub-clause, the 'status quo' may relate to an 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 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 the dispute to give notification of the dispute. 2.1.15 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. However a party or person to the dispute may be represented by a lawyer or employee of a law firm if, and only if, all parties to the dispute consent.
Appears in 2 contracts
Samples: Cfmeu Union Collective Agreement, Collective Agreement
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 an employer the Employer in respect to any industrial matter (arising out of the terms of this Agreement), the NES and all any other matters that the parties to the dispute agree onagreed upon. Such procedures The procedure shall apply to a single employee Employee or to any number of employees.
2.1.1 In the event of an employee having 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 employee shall in grievance and dispute settling procedure. This process seeks to prevent and resolve disputes closest to the first instance attempt to resolve source of the matter with the immediate supervisor, who shall respond to such request problem as soon as reasonably practicable under the circumstances. Where the dispute concerns alleged actions possible, in a manner which is fair and acceptable, in terms of the immediate supervisor the employee/s may bypass this level in the procedureoutcomes, for all parties.
2.1.2 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 is 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 clause 2this sub-clause.
1.1 (d) If the employee 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 employee’s nominated representative Employees or their chosen representatives, 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 representativeFWC.
2.1.3 If the grievance involves allegations of unlawful discrimination by i. The FWC is empowered to conciliate or, as a supervisor the employee may commence the grievance last resort, arbitrate a 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 2.1.5.
2.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.2., the matter shall be reported to the senior 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.
2.1.5 If the grievance or ii. Where a dispute 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 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 inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code), or the Workplace Relations Act 1996 (as amended from time to time). Subject to the procedures of the AIRC, a grievance or dispute which is referred to the 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 FWC for any reason within a reasonable timeconciliation and/or arbitration, 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 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 FWC 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 to implement for the decision resolution or determination of the Commissionermatter 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.
2.1.10 Subject iii. Any order arising from the FWC shall be binding, 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 determination or arbitrated decision must be recorded in writing or transcript and be accompanied with supporting reasons.
2.1.11 The determination or arbitrated decision is final and there is no right of appeal.
2.1.12 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 all of the above dispute procedure is being followedimplemented to resolve a dispute, normal work shall continue in accordance with the status quo except in the a case of a genuine safety issue directly affecting 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 performance 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 work.
2.1.13 The status quo existing before People and Culture Team from becoming involved in the emergence resolution of this dispute if such action is conducive to achieving an early resolution of the dispute/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 to dispute/grievance has implications more far reaching than the dispute cannot agree, the 'status quo' may be a previously accepted act or practiceimmediate issue.]
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 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 the dispute to give notification of the dispute.
2.1.15 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. However a party or person to the dispute may be represented by a lawyer or employee of a law firm if, and only if, all parties to the dispute consent.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Grievance and dispute settling procedures. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties to the dispute agree on. Such procedures shall apply to a single employee or to any number of employees.
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.
2.1.2 If the grievance or dispute is 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.
2.1.3 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 2.1.5.
2.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.2., the matter shall be reported to the senior 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.
2.1.5 If the grievance or dispute 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 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 inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code), or the Workplace Relations Act 1996 (as amended from time to time). Subject to the procedures of the AIRC, a grievance or dispute which is referred to the AIRC under this clause will be dealt with by Commissioner Xxxxxxxxxx, Commissioner Xxxxxxxx , Commissioner 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 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 to implement the decision of the Commissioner.
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 determination or arbitrated decision must be recorded in writing or transcript and be accompanied with supporting reasons.
2.1.11 The determination or arbitrated decision is final and there is no right of appeal.
2.1.12 2.1.11 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue directly affecting the performance of the work.
2.1.13 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. [In this sub-clause, the 'status quo' may relate to an 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 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 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 the dispute to give notification of the dispute.
2.1.15 2.1.14 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. However a party or person to the dispute may be represented by a lawyer or employee of a law firm if, and only if, all parties to the dispute consent.
Appears in 1 contract
Samples: Collective Agreement
Grievance and dispute settling procedures. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties to the dispute agree onon and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
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.
2.1.2 If the grievance or dispute is not resolved under clause 2.
1.1 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.
2.1.3 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 2.1.5.
2.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.2., 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 2.1.2 will not result in resolution of the dispute.
2.1.5 If the grievance or dispute 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 the Australian Industrial Relations Commission (‘the AIRC’) under Division 5 of Part 13 of the Workplace Relations Act 1996 (Cth) ('the Act') Deputy President Xxxxxxxxxx or Commissioner Xxxxxxxx for conciliation, and, if necessary, arbitration. The AIRC No-one shall not propose, support or arbitrate any settlement that would be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code), or the Workplace Relations Fair Work Act 1996 (as amended from time to time). Subject to the procedures of the AIRC, a grievance or dispute which is referred to the 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 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 AIRCFair Work Australia.
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 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 within three (3) working days of the matter being referred.
2.1.9 When arbitrating the grievance or dispute, the Commissioner is required to have regard to the spirit and intent of this agreement.
2.1.9 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 to the dispute act or cease to act in a certain manner, or do all such things as are necessary to implement the decision of the Commissioner.
2.1.10 2.1.11 Subject to the procedures of the AIRCtribunal, the Commissioner is required to hand down a decision within 10 days of the conclusion of the hearing. This determination or arbitrated decision must be recorded in writing or transcript and be accompanied with supporting reasons.
2.1.11 2.1.12 The parties to the dispute 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.
2.1.13 The determination or arbitrated decision is final and there is no right of appeal.
2.1.12 2.1.14 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue directly affecting the performance of the work.
2.1.13 The 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. [In this sub-clause, the 'status quo' may relate to an 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 2.1.16 Discussions at any stage of the procedure shall not be unreasonably delayed by any party to the disputeparty, 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 the dispute to give notification of the dispute.
2.1.15 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. However a party or person to the dispute may be represented by a lawyer or employee of a law firm if, and only if, all parties to the dispute consent.
Appears in 1 contract
Grievance and dispute settling procedures. 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 an employer in respect to any industrial matter and all other matters that equitably.
3.1.2 It is the aim of the parties to ensure that grievances are resolved as quickly as possible and as close to the dispute agree on. Such procedures shall apply to a single employee or to any number source of employeesthe grievance as possible.
2.1.1 In the event of an employee having a grievance or dispute the employee shall 3.1.3 Employee(s) should, in the first instance attempt instance, seek to resolve the matter any grievance/dispute with the immediate their 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.
2.1.2 If the grievance or dispute is 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.
2.1.3 3.1.4 If the grievance involves allegations of unlawful discrimination and or sexual harassment, the employee should refer the matter in accordance with the policy of the workplace. Where the workplace does not have a policy for this matter, the following procedure should be used. If the grievance involves allegations of unlawful discrimination and or sexual harassment 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 2.1.53.1.7.
2.1.4 3.1.5 Conversely, supervisors should seek to resolve any grievance/dispute with the employee(s) concerned.
3.1.6 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.2.employee(s) and supervisor are unable to resolve the grievance/dispute, the matter shall be reported referred to the senior management next level of management.
3.1.7 If the matter is not resolved at 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 employerissue being raised at Stage 1. This should occur as soon as it The above procedure is evident that discussions under clause 2.1.2 will not result in resolution of the dispute.
2.1.5 If the grievance or dispute remains unresolved after genuine attempts intended to reach a resolution in accordance with clauses 2.1.1 to 2.1.4, preclude ultimate access by either party to the dispute Commission for conciliation 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 inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code), or the Workplace Relations Act 1996 (as amended from time to time). Subject to the procedures of the AIRC, a grievance or dispute which is referred to the 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 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 AIRCarbitration purposes.
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 to implement the decision of the Commissioner.
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 determination or arbitrated decision must be recorded in writing or transcript and be accompanied with supporting reasons.
2.1.11 The determination or arbitrated decision is final and there is no right of appeal.
2.1.12 3.1.10 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue directly affecting the performance of the workissue.
2.1.13 3.1.11 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 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 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 the dispute to give notification of the dispute.
2.1.15 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. However a party or person to the dispute may be represented by a lawyer or employee of a law firm if, and only if, all parties to the dispute consent.
Appears in 1 contract
Samples: Employee Collective Agreement
Grievance and dispute settling procedures. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties to the dispute agree onon and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
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.
2.1.2 If the grievance or dispute is 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.
2.1.3 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 2.1.5.
2.1.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.2., 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 2.1.2 will not result in resolution of the dispute.
2.1.5 If the grievance or dispute remains unresolved after genuine attempts the parties have genuinely attempted 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 inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code), or the Workplace Relations Act 1996 (as amended from time to time). Subject to the procedures of the AIRC, a grievance or dispute which is referred to the AIRC under this clause will be dealt with by Commissioner Xxxxxxxxxx, Commissioner Xxxxxxxx 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 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 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 within three (3) working days of the matter being referred.
2.1.9 When arbitrating the grievance or dispute, the Commissioner is required to have regard to the spirit and intent of this agreement.
2.1.9 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 to the dispute act or cease to act in a certain manner, or do all such things as are necessary to implement the decision of the Commissioner.
2.1.10 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 determination or arbitrated decision must be recorded in writing or transcript and be accompanied with supporting reasons.
2.1.11 2.1.12 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.
2.1.13 The determination or arbitrated decision is final and there is no right of appeal.
2.1.12 2.1.14 Any decision of the AIRC made to resolve a dispute under these procedures must not be inconsistent with the National Code of Practice for the Construction Industry and its Implementation Guidelines, as varied from time to time.
2.1.15 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue directly affecting the performance of the work.
2.1.13 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. [In this sub-clause, the 'status quo' may relate to an 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 2.1.17 Discussions at any stage of the procedure shall not be unreasonably delayed by any party to the disputeparty, 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 the dispute to give notification of the dispute.
2.1.15 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. However a party or person to the dispute may be represented by a lawyer or employee of a law firm if, and only if, all parties to the dispute consent.
Appears in 1 contract
Samples: Collective Agreement
Grievance and dispute settling procedures. The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties to the dispute agree onon and are specified herein. Such procedures shall apply to a single employee or to any number of employees.
2.1.1 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.
2.1.2 2.1.2. If the grievance or dispute is 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.
2.1.3 2.1.3. 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 2.1.5.
2.1.4 2.1.4. If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.2., 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 2.1.2 will not result in resolution of the dispute.
2.1.5 2.1.5. If the grievance or dispute remains unresolved after genuine attempts the parties have genuinely attempted 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’Commission') 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 inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice (the Code), or the Workplace Relations Act 1996 (as amended from time to time). Subject to the procedures of the AIRCCommission, a grievance or dispute which is referred to the AIRC Commission under this clause will be dealt with by either Commissioner Xxxxxxxxxx, Xxxxxxxxxx or Commissioner Xxxxxxxx or Commissioner Xxxxxx, who hold the office of member of the AIRC Commission under the Act. If the above both 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 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 who hold the office of member of the AIRC under the ActCommission. 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 AIRCCommission.
2.1.6 2.1.6. When conciliating arbitrating the grievance or dispute, the Commissioner is empowered to:
a(i) 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 hearing of the mattermatter in accordance with clause 2.1.7);
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(ii) Ask for oral or written submissions to be prepared;
b(iii) Conduct site visits;
c(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.
2.1.8 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 agreementagreement and the potential future impacts for each party under related legislation.
2.1.9 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 to implement the decision of the Commissioner. However, the Commissioner's role is not to conciliate the grievance or dispute.
2.1.10 2.1.10. Subject to the procedures of the AIRCCommission, the Commissioner is required to hand down a decision within 10 days of the conclusion of the hearing. This determination or arbitrated decision must be recorded in writing or transcript and be accompanied with supporting reasons.
2.1.11 2.1.11. The parties agree to be bound by the determination or arbitrated decision is final and there is no right decision, which will be accepted by the parties as a settlement of appealthe grievance or dispute.
2.1.12 2.1.12. Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine an imminent risk to health and safety issue directly affecting the performance of the an employees work.
2.1.13 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 to the dispute cannot agree, the 'status quo' may be a previously accepted act or practice.]
2.1.14 2.1.14. Discussions at any stage of the procedure shall not be unreasonably delayed by any party to the disputeparty, 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 the dispute to give notification of the dispute.
2.1.15 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. However a party or person to the dispute may be represented by a lawyer or employee of a law firm if, and only if, all parties to the dispute consent.
Appears in 1 contract
Samples: Union Collective Workplace Agreement