Common use of Procedure for Preventing and Settling Disputes and Grievances Clause in Contracts

Procedure for Preventing and Settling Disputes and Grievances. The matters to be dealt with in this procedure shall include all grievances or disputes between the parties in respect of any industrial matter that pertain to the employment relationship, the NES and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees. a) In the event of an employee having a grievance or dispute, the employee shall in the first instance attempt to resolve the matter with their 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. b) If the grievance or dispute is not resolved under clause 2.4.a), the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative. c) 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 2.4.e). d) If the grievance or dispute is still unresolved after discussions mentioned in clause 2.4.b), the matter shall be reported by the employee or their nominated representative to senior management of the employer or the employer's nominated representative. This should occur as soon as it is evident that discussions under clause 2.4.b) will not result in resolution of the dispute. e) If, after discussion between the parties, or their nominees mentioned in clause 2.4.d), the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute may be given to Fair Work Australia for mediation, conciliation and if necessary, arbitration. f) Whilst the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. g) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. h) 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.

Procedure for Preventing and Settling Disputes and Grievances. The It is the intention of this procedure to resolve grievances as promptly and as near as possible to the local level. Every employee is reminded of their right to representation, including union representation, at any stage throughout this process. Where matters cannot be resolved, the process to be dealt with in this procedure shall include all grievances or disputes between the parties in respect of any industrial matter that pertain to the employment relationship, the NES and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.followed is as follows: a) 2.9.1 In the event of an employee having a grievance or dispute, the employee shall in the first instance attempt to resolve the matter with their 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, supervisor the employee/s may bypass this level in the procedure. b) 2.9.2 If the grievance or dispute is not resolved under clause 2.4.a)2.9.1, 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. c) 2.9.3 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 2.4.e)2.9.5. d) 2.9.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.4.b)2.9.2, the matter shall be reported by the employee or their nominated representative to senior management of the employer or the employer's nominated representative. This should occur as soon as it is evident that discussions under clause 2.4.b) 2.9.2 will not result in resolution of the dispute. e) 2.9.5 If, after discussion between the parties, or their nominees mentioned in clause 2.4.d)2.9.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute may be given to Fair Work Australia for mediation, the Australian Industrial Relations Commission (The Commission) with a request to assist with conciliation and if necessary, arbitrationbetween the parties. f) 2.9.6 Whilst all of the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. g) 2.9.7 If the dispute remains unresolved, the parties agree that the dispute will be arbitrated by the AIRC and the decision of the AIRC will be final and binding on the parties subject to the parties’ right of appeal, if any. 2.9.8 If the AIRC is unwilling or unable to exercise the power conferred on it by the parties, then the parties agree that the process as outlined above, will be conducted on the same terms by a mutually agreed Private Arbitrator. 2.9.9 In the event that a Private Arbitrator is appointed by the parties, the process above will be conducted and the parties agree to bear their own costs of representation, unless otherwise agreed. 2.9.10 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. h) 2.9.11 All parties to the dispute shall give due consideration to matters raised or any suggestion or recommendation made by the Commission or the dispute resolution provider, with a view to the prompt settlement of the dispute. 2.9.12 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.

Procedure for Preventing and Settling Disputes and Grievances. The matters to be dealt with in this procedure shall include all grievances or disputes between the parties in respect of any industrial matter that pertain to the employment relationship, the NES and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees. a) 2.4.1 In the event of an employee having a grievance or dispute, the employee dispute they shall in the first instance attempt to resolve the matter with their immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances. Where the grievance or dispute concerns alleged actions of the immediate supervisor, supervisor the employee/s may bypass this level in the procedure. b) 2.4.2 If the grievance or dispute is not resolved under clause 2.4.a)2.4.1, the employee or the employee's their nominated representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's their representative. c) 2.4.3 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 2.4.e)2.4.5. d) 2.4.4 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.4.b)2.4.2, the matter shall be reported by to the employee or their nominated representative to and the senior management of the employer or the employer's nominated industrial representative. This should occur as soon as it is evident that discussions under clause 2.4.b) 2.4.2 will not result in resolution of the dispute. e) 2.4.5 If, after discussion between the parties, or their nominees mentioned in clause 2.4.d)2.4.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute may is to be given to Fair Work Australia for mediationthe QIRC. 2.4.5.1 The parties agree that disputes will be conciliated by the QIRC. 2.4.5.2 The parties agree that the QIRC may make recommendations following a conciliation conference and that the parties shall give due consideration to matters raised or any suggestion or recommendation made by the QIRC with a view to the prompt settlement of the dispute. 2.4.5.3 If the dispute remains unresolved, the parties agree that the dispute will be arbitrated by the QIRC and that the decision of the QIRC will be final and binding on the parties subject to the parties’ right of appeal, if any. 2.4.5.4 a) If the QIRC lacks the power or jurisdiction to conduct the conciliation and if necessaryarbitration process set out in sub-clause 2.4.5, arbitrationthen the parties agree to confer the powers to the QIRC to conciliate and arbitrate the matters in dispute. f) Whilst the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. g) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. h) 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.

Procedure for Preventing and Settling Disputes and Grievances. The matters to be dealt with in It is the intention of this procedure shall include all to resolve grievances or disputes between the parties in respect of any industrial matter that pertain as promptly and as near as possible to the employment relationshiplocal level. Where matters cannot be resolved, the NES and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single employee or to any number of employees.process is as follows: a) In the event of an employee having a grievance or dispute, the 53.1 The employee shall in the first instance attempt to resolve the matter dispute or grievance with their appropriate 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 supervisoror if this is inappropriate, the employee/s may bypass this level in the procedure. b) If the grievance or dispute is not resolved under clause 2.4.a), the employee or the employee's representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee's representative. c) 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 2.4.e)management. d) 53.2 If the dispute or grievance or dispute is still unresolved after discussions mentioned in clause 2.4.b), the matter shall be reported referred to higher management. 53.3 Every employee will be advised of her or his right to representation, at any stage throughout this process. 53.4 It is agreed steps 53.1 and 53.2 shall take place within 14 days or such further period as mutually agreed. 53.5 Until the dispute or grievance is determined, work shall continue normally in accordance with the custom and practice existing before the dispute or grievance arose while discussions take place. No party shall be prejudiced as to the final settlement by continuance of work. Health and Safety matters are exempt from this point. 53.6 If the matter is still not resolved it may be referred by either party to their nominated representatives. 53.7 If the matter is not resolved then it may be referred by either party to the AIRC for conciliation by Commissioner or any other member determined by the employee or their nominated representative to senior management Panel Head of the employer Commission in her absence. 53.8 Should conciliation fail to resolve the matter, a member of the Australian Industrial Relations Commission agreed between the parties or, failing agreement, determined by the Panel head, shall have the following powers in arbitrating the dispute. • Take evidence on oath or affirmation • Give directions in the employer's nominated representativecourse of or for the purposes of the hearing or determination of the dispute. This should occur • Dismiss any matter or part of a matter, refrain from further hearing or determination of the dispute or part of the dispute if it appears that the dispute is trivial, or further proceedings are not necessary. • Hear and determine the dispute in the absence of the party, who has been notified but have failed to appear • Determine the dispute at a place convenient to the parties • Refer any matter to an expert and accept the expert report as soon evidence. • Allow amendment on such terms as it is evident that discussions under clause 2.4.b) will not result he/she/they consider appropriate, of any application or other document relating to the matter in resolution dispute • Summon before he/she/they; the parties to the dispute, witnesses, and any other person, whose presence there can assist or help in the hearing or determination of the dispute. • Generally give all such directions and do all such things as are necessary or expedient for the speedy and just hearing and determination of the dispute. e) If, after discussion between the parties, or their nominees mentioned in clause 2.4.d), the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute may be given to Fair Work Australia for mediation, conciliation and if necessary, arbitration. f) Whilst the above procedure is being followed, normal work shall continue except in the case of a genuine safety issue. g) The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed. h) 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.