Common use of Procedures for Preventing and Settling Disputes Clause in Contracts

Procedures for Preventing and Settling Disputes. ‌ 2.4.1 If a dispute relates to: (a) a matter arising under this Agreement; (b) the National Employment Standards; or (c) a matter between an employee(s) and an employer in respect to any industrial matter, this clause sets out procedures to settle the dispute. 2.4.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 2.4.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. 2.4.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.4.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties.

Procedures for Preventing and Settling Disputes. ‌ 2.4.1 If a dispute relates to: (a) a matter arising under this Agreement; (b) the National Employment Standards; or (c) a matter between an employee(s) and an employer in respect to any industrial matter, this clause sets out procedures to settle the dispute. 2.4.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. 2.4.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. 2.4.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.4.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties.