Common use of PREVENTION AND SETTLEMENT OF DISPUTES Clause in Contracts

PREVENTION AND SETTLEMENT OF DISPUTES. The parties to this Agreement are committed to good industrial relations practices and procedures based on consultation and goodwill. The employer shall ensure that they advise employees subject to this procedure that they may be represented by their union from the beginning of this procedure. If a dispute arises about this agreement, the NES or any other work-related matter (including a dispute about whether a workplace right has been breached) the parties to this dispute will attempt to resolve the dispute at the workplace level. A Union representative appointed by an employee, who is also an employee of the company, shall have reasonable access to resources (including photocopier, telephone, fax machine, email and notice board) to perform their role. A union representative appointed by an employee, who is also an employee of the company, shall be released to perform their role on paid time. Where a dispute occurs (whether any such dispute or claim arises out of the operation of this Agreement or not) regarding the wages and conditions of employment of any employee covered by this Agreement the following procedure shall apply: Any dispute shall, in the first instance, be discussed between the employee(s) concerned, their representative if requested, and the immediate line manager. The line manager or supervisor must make a genuine attempt to resolve the matter speedily. If the matter cannot be resolved, it will be referred to the appropriate line manager who will attempt to resolve the matter speedily. The line manager shall consult with a representative appointed by the employee when endeavouring to resolve the matter. If the matter is still not resolved, the matter shall be immediately referred jointly, for discussion, to a manager with industrial relations responsibility, the employee(s) and their representative if requested. If the matter cannot be resolved, it may be referred to a mutually agreed independent mediator (from an agreed list of mediators) who may exercise powers of conciliation or arbitration and whose decision will be binding subject to prior agreement by the parties or should the matter still be unresolved either party shall be entitled to refer it to the Fair Work Commission for conciliation and, if necessary, arbitration. The parties shall not raise any jurisdictional matters pertaining to the Commission’s powers to settle any dispute via arbitration. All parties will abide by any decision resulting from a matter being referred to the FWC. If arbitration is necessary, the parties agree that the FWC shall exercise all powers as are necessary to make the arbitration effective. Should any party so wish, all or any of the steps 1,2,3,4 above, may be bypassed in the interests of a speedy resolution of the matter. To ensure that all disputes between the parties are settled quickly, the total process time between steps 1 and 5 should not exceed seven working days. However, if more time is required, the parties may mutually agree to extend the time. While these procedures are being followed, both parties agree that on a ‘without prejudice’ basis there will be no change to existing work or management practices or procedures, so that the status quo is maintained. During the entire period of the dispute, from the time when the matter first arises until the time of its resolution (at whatever stage the resolution occurs) normal work shall continue, unless the performance of normal work would place at risk the health and safety of the employee(s) concerned. If a dispute arises due to a change in work practices, then for the duration of the resolution procedure, the employees will revert to work practices in place prior to the dispute arising and the union will not undertake any industrial action in relation to the dispute. Any grievance or dispute concerning the classification of an employee shall be dealt with in accordance with the disputes procedure in this agreement.

PREVENTION AND SETTLEMENT OF DISPUTES. The parties to this Agreement are committed to good industrial relations practices and procedures based on consultation and goodwill. The employer shall ensure that they advise employees subject to this procedure that they may be represented by their union from the beginning of this procedure. If a dispute arises about this agreementAny grievance, the NES complaint, claim or dispute, or any other work-related matter (including which is likely to result in a dispute about whether dispute, between the Town and any staff team or section of a workplace right has been breached) the parties to this dispute will attempt to resolve the dispute at the workplace level. A Union representative appointed by an employee, who is also an employee of the company, shall have reasonable access to resources (including photocopier, telephone, fax machine, email and notice board) to perform their role. A union representative appointed by an employee, who is also an employee of the companyteam, shall be released to perform their role on paid time. Where a dispute occurs settled in accordance with the procedures set out herein. (whether any such dispute 1) The team or claim arises out section(s) of the operation of this Agreement or not) regarding the wages and conditions of employment of any employee covered by this Agreement the following procedure team concerned shall apply: Any dispute shall, in the first instance, be discussed between the employee(s) concerned, their representative if requested, and the immediate line manager. The line manager or supervisor must make a genuine attempt to resolve discuss the matter speedilywith their team leader. If the matter cannot be resolvedresolved at this level the team leader shall, within 3 days, refer the matter to the respective Executive Manager. (2) The Executive Manager shall, if able, answer the matter raised within one week of it will be being referred to him/her and, if not so able, refer the appropriate line manager matter the Consultative Committee (as referred to in subclause (2) of Clause 10. - Communication of the Agreement where a solution shall be pursued. (3) Should the matter remain in dispute after the above processes have been exhausted either party may refer the matter to the Chief Executive Officer who will attempt shall be allowed two weeks to resolve the dispute to satisfaction of all parties. (4) Should the matter speedilyremain in dispute after the above processes have been exhausted, either party may refer the matter to the Western Australian Industrial Relations Commission for conciliation. The line manager Provided that with effect from 22 November, 1997 it is required that persons involved in the question, dispute or difficulty shall consult with a representative appointed by the employee when endeavouring confer among themselves and make reasonable attempts to resolve the matter. If the matter is still not resolvedquestions, the matter shall be immediately referred jointly, for discussion, to a manager with industrial relations responsibility, the employee(s) and their representative if requested. If the matter cannot be resolved, it may be referred to a mutually agreed independent mediator (from an agreed list of mediators) who may exercise powers of conciliation disputes or arbitration and whose decision will be binding subject to prior agreement by the parties or should the matter still be unresolved either party shall be entitled to refer it to the Fair Work Commission for conciliation and, if necessary, arbitration. The parties shall not raise any jurisdictional difficulties before taking those matters pertaining to the Commission’s powers . (5) An individual employee may opt to settle utilise the procedures set out in this clause to resolve a dispute with the Town that may arise in respect to the Agreement. (6) Nothing in this clause shall limit the right of an individual employee or any group of employees, at any time, to seek advice from, or be represented by, a shop xxxxxxx or an appropriate union representative. (7) The settlement procedures provided by this clause shall be applied to all manner of dispute via arbitration. All parties will abide by any decision resulting from a matter being referred to the FWC. If arbitration is necessaryin subclause (1) of this clause, the parties agree that the FWC and no party, or individual, or group of individuals, shall exercise all powers as are necessary to make the arbitration effective. Should commence any party so wishother action, all or any of the steps 1,2,3,4 abovewhatever kind, which may be bypassed in the interests of frustrate a speedy resolution of the matter. To ensure that all disputes between the parties are settled quickly, the total process time between steps 1 and 5 should not exceed seven working days. However, if more time is required, the parties may mutually agree to extend the time. While these procedures are being followed, both parties agree that on a ‘without prejudice’ basis there will be no change to existing work or management practices or procedures, so that the status quo is maintained. During the entire period of the dispute, from the time when the matter first arises until the time of its resolution (at whatever stage the resolution occurs) normal work shall continue, unless the performance of normal work would place at risk the health and safety of the employee(s) concerned. If a dispute arises due to a change in work practices, then for the duration of the resolution procedure, the employees will revert to work practices in place prior to the dispute arising and the union will not undertake any industrial action in relation to the dispute. Any grievance or dispute concerning the classification of an employee shall be dealt with settlement in accordance with its procedures. Observance of these procedures shall in no way prejudice the disputes procedure right of any party, or individual, in this agreementdispute to refer the matter for resolution by the Western Australian Industrial Relations Commission.