Grievance and dispute settling procedures. 35.1 All grievances and disputes relating to the provisions of this Enterprise Agreement will initially be dealt with as close to the source as possible. If required, graduated steps will be taken to resolve the grievance or dispute at higher levels of authority, in accordance with the NRC policy. 35.2 A staff member is required to notify their immediate manager(s) in writing, outlining the substance of the grievance, dispute or difficulty, requesting a meeting to discuss the matter and, if possible, stating the remedy sought. 35.3 Where the substance of the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti- Discrimination Act 1977 (NSW)) which make it impractical for the staff member to notify their immediate manager, the staff member may notify the next appropriate level of management, including the Commissioner or delegate. 35.4 The immediate manager will convene a meeting to resolve the grievance, dispute or difficulty within 2 working days of receiving the notification or, if that is not possible, as soon as practicable. 35.5 If the matter remains unresolved with the immediate manager, the staff member may notify the appropriate person at the next level of management in writing, again outlining the substance of the grievance, dispute or difficulty, requesting a meeting to discuss the matter and, if possible, stating the remedy sought. This manager will respond within 2 working days or, if that is not possible, as soon as practicable. If the matter still remains unresolved, the staff member may continue to notify successive levels of management until the matter is referred to the Commissioner or delegate. 35.6 At any stage of the dispute and grievance settling procedure, the staff member may request to be represented by their union. In addition, the Commissioner or delegate or the staff member may refer the matter to mediation. 35.7 If the matter remains unresolved, the Commissioner or delegate will provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, outlining the action to be taken, or the reason for not taking action, in relation to the matter. 35.8 The staff member, their union on their behalf, or the Commissioner or delegate may refer the matter to the New South Wales Industrial Relations Commission (the Commission) if the matter is unresolved after the use of this procedure. 35.9 The staff member and the NRC will agree to be bound by any order or determination by the Commission in relation to the dispute. 35.10 While the procedure outlined in 33.2 to 33.8 is being followed, the staff member involved will continue to undertake the normal duties they performed before notifying their immediate manager of the grievance, dispute or difficulty unless otherwise agreed between the parties. In a case involving work health and safety, if practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.
Appears in 3 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Grievance and dispute settling procedures. 35.1 All grievances and disputes relating to the provisions of this Enterprise Agreement will initially be dealt with as close to the source as possible. If required, graduated steps will be taken to resolve the grievance or dispute at higher levels of authority, in accordance with the NRC policy.
35.2 A staff member is required to notify their immediate manager(s) in writing, outlining the substance of the grievance, dispute or difficulty, requesting a meeting to discuss the matter and, if possible, stating the remedy sought.
35.3 Where the substance of the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti- Anti-Discrimination Act 1977 (NSW)) which make it impractical for the staff member to notify their immediate manager, the staff member may notify the next appropriate level of management, including the Commissioner or delegate.
35.4 The immediate manager will convene a meeting to resolve the grievance, dispute or difficulty within 2 working days of receiving the notification or, if that is not possible, as soon as practicable.
35.5 If the matter remains unresolved with the immediate manager, the staff member may notify the appropriate person at the next level of management in writing, again outlining the substance of the grievance, dispute or difficulty, requesting a meeting to discuss the matter and, if possible, stating the remedy sought. This manager will respond within 2 working days or, if that is not possible, as soon as practicable. If the matter still remains unresolved, the staff member may continue to notify successive levels of management until the matter is referred to the Commissioner or delegate.
35.6 At any stage of the dispute and grievance settling procedure, the staff member may request to be represented by their union. In addition, the Commissioner or delegate or the staff member may refer the matter to mediation.
35.7 If the matter remains unresolved, the Commissioner or delegate will provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, outlining the action to be taken, or the reason for not taking action, in relation to the matter.
35.8 The staff member, their union on their behalf, or the Commissioner or delegate may refer the matter to the New South Wales Industrial Relations Commission (the Commission) if the matter is unresolved after the use of this procedure.
35.9 The staff member and the NRC will agree to be bound by any order or determination by the Commission in relation to the dispute.
35.10 While the procedure outlined in 33.2 to 33.8 is being followed, the staff member involved will continue to undertake the normal duties they performed before notifying their immediate manager of the grievance, dispute or difficulty unless otherwise agreed between the parties. In a case involving work health and safety, if practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Grievance and dispute settling procedures. 35.1 All grievances and disputes relating to 7.1 Where an employee has a grievance or dispute concerning an employment matter, the provisions of this Enterprise Agreement will initially be dealt with as close to the source as possible. If required, graduated following steps will be taken to resolve the taken:
7.1.1 The grievance or dispute at higher levels of authority, in accordance shall first be discussed with their immediate manager/team leader who will make the NRC policynecessary enquiries and give the employee or employees a response.
35.2 A staff member is required 7.1.2 The immediate manager, or other appropriate officer, shall convene a meeting in order to notify their immediate manager(s) in writing, outlining the substance of resolve the grievance, dispute or difficultydifficulty within two (2) working days, requesting a meeting to discuss or as soon as practicable, of the matter and, if possible, stating being brought to attention. The employee has a right to have a Union representative present at the remedy soughtmeeting should the employee so elect.
35.3 7.1.3 Where the substance of the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti- Anti Discrimination Act 1977 (NSW)Act, 1977) which make that makes it impractical for the staff member to notify advise their immediate manager, manager the staff member notification may notify occur to the next appropriate level of management, including where required, to the Commissioner Chief Executive Officer or delegate.
35.4 The immediate manager 7.1.4 Should the grievance or dispute remain unresolved, the employee or employees (or the Union on their behalf) should forward the details of the grievance or dispute in writing to the Branch Manager who will convene arrange a meeting to resolve the grievancemeeting, dispute or difficulty within 2 ten working days of receiving the notification ordays, if that is not possible, as soon as practicable.
35.5 If the matter remains unresolved with the immediate manager, the staff member may notify the appropriate person at the next level of management in writing, again outlining the substance of the grievance, dispute or difficulty, requesting a meeting relevant people to discuss the matter and, if possible, stating with a view to resolving the remedy sought. This manager will respond within 2 working days or, if that is not possible, as soon as practicable. grievance or dispute.
7.1.5 If the matter grievance or dispute is still remains unresolved, the staff member may continue Chief Executive Officer (or his delegate) and the employee or employees (or the appropriate Union on their behalf) shall be notified and a conference arranged to notify successive levels of management until examine and resolve the matter is referred to the Commissioner or delegatematter.
35.6 At any stage of 7.1.6 If the grievance or dispute and grievance settling procedureis not settled by the conference, State Water Corporation, the staff member may request to be represented by their union. In addition, the Commissioner employee or delegate employees (or the staff member appropriate Union on their behalf) may refer the matter to mediationan agreed mediator for a mediation conference which shall be attended by the employee or employees with their Union representative and a person with appropriate authority from State Water Corporation. The costs of the mediation shall be met by State Water Corporation.
35.7 (i) The mediation conference is not to be conducted in a legalistic fashion and shall be approached by all concerned to bring about an agreed solution. The mediator will not make decisions or impose a solution on the parties unless requested to do so, in writing, by both parties.
(ii) If a settlement is reached, the terms of the settlement must be written down and signed by both parties and the mediator before the mediation conference is terminated.
(iii) An agreed settlement shall be binding on the parties and enforceable.
(iv) Either party may terminate the mediation conference, in writing, at any time.
7.1.7 If the grievance or dispute still remains unresolved following mediation, either party has the right to have the matter remains unresolved, the Commissioner or delegate will provide a written response referred to the staff member and any other party involved in President of the grievance, dispute or difficulty, outlining the action to be taken, or the reason for not taking action, in relation to the matter.
35.8 The staff member, their union on their behalf, or the Commissioner or delegate may refer the matter to the Industrial Relations Commission of New South Wales Industrial Relations Commission (the Commission) for further conciliation and if the matter is unresolved after the use of this procedurearbitration and determination.
35.9 The staff member (i) During the grievance and dispute resolution procedure, the NRC will agree to be bound by any order or determination by the Commission in relation normal work situation that existed prior to the grievance or dispute arising shall be maintained and no party shall be prejudiced.
(ii) This procedure shall not prevent State Water Corporation or the Union from making direct representations to one another on any matter giving rise to or likely to give rise to a grievance or dispute.
35.10 While the procedure outlined in 33.2 to 33.8 is being followed, the staff member involved will continue to undertake the normal duties they performed before notifying their immediate manager of the grievance, dispute or difficulty unless otherwise agreed between the parties. In a case involving work health and safety, if practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Grievance and dispute settling procedures. 35.1 21.1 All grievances and disputes relating to the provisions of this Enterprise Agreement will initially be dealt with as close to the source as possible. If required, graduated steps will be taken to resolve the grievance or dispute at higher levels of authority, in accordance with the NRC policyNSWIS Grievance Handling and Dispute Resolution Policy.
35.2 21.2 A staff member is required to notify their immediate manager(sSupervisor(s) in writing, outlining the substance of the grievance, dispute or difficulty, requesting a meeting to discuss the matter and, if possible, stating the remedy sought.
35.3 21.3 Where the substance of the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti- Anti-Discrimination Act 1977 (NSW)) which make it impractical for the staff member to notify their immediate managerSupervisor, the staff member may notify the next appropriate level of management, including the Commissioner Chief Executive Officer or delegate.
35.4 21.4 The immediate manager Supervisor will convene a meeting to resolve regarding the grievance, dispute or difficulty within 2 working days of receiving the notification or, if that is not possible, as soon as practicable.
35.5 21.5 If the matter remains unresolved with the immediate managerSupervisor, the staff member may notify the appropriate person at the next level of management in writing, again outlining the substance of the grievance, dispute or difficulty, requesting a meeting to discuss the matter and, if possible, stating the remedy sought. This manager will respond within 2 working days or, if that is not possible, as soon as practicable. If the matter still remains unresolved, the staff member may continue to notify successive levels of management until the matter is referred to the Commissioner Chief Executive Officer or delegate.
35.6 21.6 At any stage of the dispute and grievance settling procedure, the staff member may request to be represented by their union. In addition, the Commissioner Chief Executive Officer or delegate or the staff member may refer the matter to mediation.
35.7 21.7 If the matter remains unresolved, the Commissioner Chief Executive Officer or delegate will provide a written response to the staff member and any other party involved in the grievance, dispute or difficulty, outlining the action to be taken, or the reason for not taking action, action in relation to the matter.
35.8 21.8 The staff member, their union on their behalf, or the Commissioner Chief Executive Officer or delegate may refer the matter to the New South Wales Industrial Relations Commission (the Commission) if the matter is unresolved after the use of this procedure.
35.9 21.9 The staff member and the NRC NSWIS will agree to be bound by any order or determination by the Commission in relation to the dispute.
35.10 21.10 While the this procedure outlined in 33.2 to 33.8 is being followed, the staff member involved will continue to undertake the normal duties they performed before notifying their immediate manager of the grievance, . dispute or difficulty unless otherwise agreed between the parties. In a case involving work health and safety, if practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any staff member or member of the public.
Appears in 1 contract
Samples: Enterprise Agreement