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

Procedures for Preventing and Settling Disputes. ‌ 14.1 Consistent with Part 13 of the Workplace Relations Act 1996, the following are the procedures for preventing and settling disputes between Geoscience Australia and its employees concerning the application or interpretation of this Agreement. 14.2 Without prejudice to either the employer or the employees, Geoscience Australia and its employees will ensure that work continues and that work practices will be in accordance with relevant Acts and agreements, and custom and practice. In instances where a genuine safety issue is identified, or where an employee has a reasonable concern about an imminent risk to his or her health and safety, the employee(s) will not be required to continue working in an unsafe environment, but will be required to undertake suitable alternative work until the issue is resolved. 14.3 It is the responsibility of Geoscience Australia and its employees to take reasonable and genuine internal steps to prevent or settle disputes by discussion. In each instance, the steps taken shall be timely and appropriate to the early settlement of the particular matters in dispute. 14.4 In the first instance, disputes should be addressed at the local work area level through discussions between the relevant nominated manager(s) and the employee(s) involved. If the dispute is not resolved or if it is not appropriate for the dispute to be resolved there, the matter may be referred to more senior levels of management for resolution. 14.5 If the matter cannot be resolved, the parties to the dispute and their representatives may participate in mediation conducted by an agreed mediator or refer the matter to the AIRC for conciliation and/or arbitration pursuant to section 709 of the Workplace Relations Act 1996. 14.6 For the purposes of section 711 of the Workplace Relations Act 1996, the parties agree that the AIRC may exercise the powers and procedures outlined in sections 110 and 111 of the Workplace Relations Act 1996. 14.7 Any decision or direction made by the AIRC shall be in writing and shall be accepted by all affected persons. The parties agree to accept and comply with any direction or determination, and agree that these are enforceable in a Court of competent jurisdiction. 14.8 Where a dispute has been arbitrated by the AIRC, a party to the dispute may, within 21 days of the decision being made, appeal to the Full Bench of the AIRC, against that decision. This is in relation to the arbitrated dispute, on the grounds that the AIRC was in error in deciding to make the decision. 14.9 Where a party to the dispute appeals against a decision of the AIRC, pursuant to clause 14.8, a Full Bench of the AIRC may, on such terms as the Full Bench considers appropriate, direct that the operation of the whole or part of the decision be stayed pending the determination of the appeal, or until further decision, direction, recommendation or suggestion of the Full Bench. 14.10 On the hearing of the appeal, the Full Bench of the AIRC may confirm, quash or vary the decision. 14.11 An employee is entitled to be supported and/or represented at any stage of these procedures, by a person or organisation, (which may include a union), of their own choice.

Procedures for Preventing and Settling Disputes. ‌ 14.1 Consistent with Part 13 of 3.1.1 The parties to this Enterprise Agreement will make every endeavour to facilitate the Workplace Relations Act 1996, the following are the procedures for preventing and settling disputes between Geoscience Australia and its employees concerning the application or interpretation effective functioning of this Agreementprocedure. 14.2 3.1.2 This procedure aims to avoid industrial disputes, or where a dispute occurs, to provide a means of settlement based on consultation, cooperation and discussion, and the avoidance of interruption to work performance. 3.1.3 Without prejudice to either the employer or the employeesparty, Geoscience Australia and its employees will ensure that except where a bona fide health and safety issue is involved, work continues and that work practices will be should continue, without disruption by means of industrial action, on a status quo basis while matters in dispute are being dealt with in accordance with these procedures. "On a status quo basis" shall mean the work situation in place at the time the matter was first raised in accordance with this procedure. 3.1.4 Any grievances, industrial disputes, or matters (including matters the subject of this Enterprise Agreement) likely to create an industrial dispute arising under this Enterprise Agreement should be dealt with in the following manner: (a) The employee representative(s) who are parties to this Enterprise Agreement will advise the employees at each worksite of the name(s) of the representative(s) responsible for consultation on matters arising on the job. (b) Any employee with a dispute is able to: (i) Seek a personal resolution by raising the matter with the person responsible for the dispute; (ii) Raise it directly with the relevant Acts Educational Manager; or (iii) Raise it with the employee representative who shall raise the matter with the most immediate Educational Manager. 3.1.5 If requested by the Educational Manager, the subject of the dispute shall be put in writing, so far as is reasonably practicable. 3.1.6 The matter shall be addressed as soon as possible either by way of an agreed resolution or by negotiating an agreed method and agreementstimeframe for proceeding. 3.1.7 If the matter is not resolved at this level the employee or employee representative should ask for it to be referred to the TAFE SA Institute Managing Director (or delegate) who shall arrange a conference to discuss the matter. 3.1.8 For matters that have not been resolved at the worksite level, or for matters beyond the worksite level, the following procedures shall be used: (a) The parties or their representatives should notify each other in writing of the name of their nominated representatives, if any, who would be responsible for seeking resolution to matters which cannot be resolved at the worksite. (b) The employee representative(s) or the representative(s) of the other parties thus accredited will be the only person(s) entitled to make representations on behalf of the employee(s). (c) The employer’s representative(s) thus accredited will be responsible for dealing with matters raised by the employee representatives or other parties. 3.1.9 When a matter is referred to the TAFE SA Institute Managing Director (or delegate), a conference of the relevant parties shall be called to discuss the matter. When a matter is referred to an employee representative, that person shall refer it to the TAFE SA Institute Managing Director (or delegate) who shall call a conference as described. 3.1.10 The conference shall be commenced within 48 hours of the dispute or likely dispute having been referred to the TAFE SA Institute Managing Director (or delegate) or within such longer or shorter period as may be agreed by the parties. 3.1.11 At any stage in the procedure after consultation between the parties has taken place, in accordance with the procedure, either party may request, and custom and practice. In instances where be entitled to receive a genuine safety issue is identified, or where an employee has response to its representations within a reasonable concern about an imminent risk to his or her health and safetytime, as may be agreed upon between the employee(s) will not be required to continue working in an unsafe environment, but will be required to undertake suitable alternative work until the issue is resolvedparties. 14.3 It is the responsibility of Geoscience Australia and its employees to take reasonable and genuine internal steps to prevent or settle disputes by discussion. In each instance, the steps taken shall be timely and appropriate to the early settlement of the particular matters in dispute. 14.4 In the first instance, disputes should be addressed at the local work area level through discussions between the relevant nominated manager(s) and the employee(s) involved. If the 3.1.12 When a dispute is not resolved or if it is not appropriate for the dispute to be resolved therein accordance with this procedure, the matter may be referred to more senior levels of management for resolution. 14.5 If the matter cannot be resolved, the parties IRCSA by any party to both the dispute and their representatives to this Enterprise Agreement, for conciliation and if not resolved, for arbitration. 3.1.13 If there is undue delay on the part of any party in responding to the matter creating a dispute or likely dispute, the party complaining of the delay may participate in mediation conducted by an agreed mediator or refer take the matter to the AIRC for conciliation and/or arbitration pursuant to section 709 another level of the Workplace Relations Act 1996procedure if the party believes it is desirous to do so. 14.6 For 3.1.14 In the purposes event of section 711 of the Workplace Relations Act 1996a party failing to observe this procedure, the parties agree that other party may take such steps as determined necessary to resolve the AIRC may exercise the powers and procedures outlined in sections 110 and 111 of the Workplace Relations Act 1996matter. 14.7 Any decision 3.1.15 This procedure will not restrict the employer or direction made by the AIRC shall be in writing and shall be accepted by all affected persons. The parties agree its representative(s) or a duly authorised official of a union or representative of an employee making representations to accept and comply with any direction or determination, and agree that these are enforceable in a Court of competent jurisdictioneach other. 14.8 Where a dispute has been arbitrated by the AIRC, a party to the dispute may, within 21 days of the decision being made, appeal to the Full Bench of the AIRC, against that decision. This is in relation to the arbitrated dispute, on the grounds that the AIRC was in error in deciding to make the decision. 14.9 Where a party to the dispute appeals against a decision of the AIRC, pursuant to clause 14.8, a Full Bench of the AIRC may, on such terms as the Full Bench considers appropriate, direct that the operation of the whole or part of the decision be stayed pending the determination of the appeal, or until further decision, direction, recommendation or suggestion of the Full Bench. 14.10 On the hearing of the appeal, the Full Bench of the AIRC may confirm, quash or vary the decision. 14.11 An employee is entitled to be supported and/or represented at any stage of these procedures, by a person or organisation, (which may include a union), of their own choice.

Procedures for Preventing and Settling Disputes. ‌ 14.1 23.1 Consistent with Part 13 of the Workplace Relations Act 1996Act, the following are the procedures for preventing and settling disputes between Geoscience Australia the employer and its employees concerning the application or interpretation of employee about matters arising under this Agreement. 14.2 23.2 The parties will seek to resolve disputes where possible without recourse to third parties. 23.3 Without prejudice to either the employer or to the employees, Geoscience Australia and its employees will the parties to this Agreement must ensure that work continues normally and that work practices will shall be in accordance with relevant Acts and agreements, and custom and practice. In instances where a genuine safety issue is identified, or where an employee has a reasonable concern about an imminent risk to his or her health and safety, the employee(s) will not be required to continue working in an unsafe environment, but will be required to undertake suitable alternative work until the issue is resolvedthis Agreement. 14.3 23.4 It is the responsibility of Geoscience Australia and its employees the parties to this Agreement to take reasonable and genuine internal steps to prevent or settle disputes by discussioninternal discussion and, if necessary, by negotiation. In each instance, instance the steps taken shall be timely and appropriate to the early settlement of the particular matters in dispute. 14.4 23.5 In the first instance, disputes should be addressed at the local work area level through discussions between the relevant nominated manager(s) and the employee(s) involved. If the dispute is not resolved or if it is not appropriate for the dispute to be resolved thereevent of a dispute, the parties will use the process outlined in Schedule B. The process includes scope for independent mediation. 24.6 In the event that the parties are unable to resolve a dispute in a manner consistent with clause 24.5 above, the specific matter or matters in dispute may be referred to more senior levels of management for resolutionthe AIRC. 14.5 If 24.7 Unless the matter cannot be resolvedparties agree to the contrary, the parties AIRC shall, in responding to the dispute and their representatives may participate in mediation conducted by an agreed mediator or refer the matter matter, have regard to the AIRC for conciliation and/or arbitration pursuant whether a party has applied these procedures. The regulations to section 709 of the Workplace Relations Act 1996. 14.6 For define serious misconduct as including:  wilful or deliberate behaviour that is inconsistent with the purposes of section 711 continuation of the Workplace Relations Act 1996, the parties agree contract of employment;  conduct that the AIRC may exercise the powers causes imminent and procedures outlined in sections 110 and 111 of the Workplace Relations Act 1996. 14.7 Any decision or direction made by the AIRC shall be in writing and shall be accepted by all affected persons. The parties agree to accept and comply with any direction or determination, and agree that these are enforceable in a Court of competent jurisdiction. 14.8 Where a dispute has been arbitrated by the AIRC, a party serious risk to the dispute may, within 21 days safety of the decision being made, appeal to the Full Bench of the AIRC, against that decision. This is in relation to the arbitrated dispute, on the grounds that the AIRC was in error in deciding to make the decision. 14.9 Where a party to the dispute appeals against a decision of the AIRC, pursuant to clause 14.8, a Full Bench of the AIRC may, on such terms as the Full Bench considers appropriate, direct that the operation of the whole or part of the decision be stayed pending the determination of the appeal, or until further decision, direction, recommendation or suggestion of the Full Bench. 14.10 On the hearing of the appeal, the Full Bench of the AIRC may confirm, quash or vary the decision. 14.11 An employee is entitled to be supported and/or represented at any stage of these procedures, by a person or organisationthe reputation, (viability or profitability of the employer’s business; or  theft, fraud, assault, intoxication and refusal to carry out the lawful and reasonable instruction consistent with the contract of employment, unless the employee can show that in the circumstances the conduct did not make employment in the notice period unreasonable. Having regard for the above and the considerations contained in clause 18, the following procedure will generally be adopted in cases where Basketball Xxxxxxxx has cause to believe that an employee has engaged in misconduct  conduct a reasonable investigation, to ascertain what view management should take of any alleged misconduct;  formulate what management alleges the employee has done or failed to do;  put the allegations of commission and omission to the employee together with any supporting documentation and give him/her a fair opportunity to be heard;  give the employee a fair opportunity to be heard on whether he or she should be dismissed, if the allegations are proven;  take into account matters not directly connected with the alleged misconduct which may include might mitigate the penalty;  consider other options short of dismissal such as transfer to another position in the organisation or the issuing of a union), of their own choicefinal warning.

Procedures for Preventing and Settling Disputes. ‌ 14.1 Consistent with Part 13 of the Workplace Relations Act 1996, the following are the procedures for preventing and settling disputes between Geoscience Australia 52.1. ITSA and its employees concerning the application or interpretation of recognise that there exists a mutual responsibility to work cooperatively and to take reasonable and genuine steps to resolve disputes over matters covered by this Agreement. As far as is practicable this should occur at the workgroup level. In order to achieve this, it is agreed that matters that might give rise to disputes and disagreements will be: • promptly addressed as they arise; • discussed between the parties to the dispute in an open and honest way with a view to obtaining a resolution; and • resolved, wherever possible, without recourse to third parties. 14.2 Without prejudice 52.2. The parties to either the employer or the employees, Geoscience Australia and its employees will ensure dispute agree that work continues and that work practices will be continue in accordance with relevant Acts and agreements, and custom and practicethe normal manner while the procedure outlined below is followed. In instances where a genuine safety issue is identifiedinvolved, or where an employee has a reasonable concern about an imminent risk to his or her health and safety, the employee(s) employees will not be required to continue working work in an unsafe environment, but will be required to undertake suitable alternative work until the issue is resolved. 14.3 It is 52.3. Where disputes over matters covered by this Agreement arise, the responsibility of Geoscience Australia following procedure will apply: • the matter will be discussed between the employee and its employees to take reasonable and genuine internal steps to prevent or settle disputes by discussiontheir immediate manager. In each instancesome circumstances employees may feel it is inappropriate to discuss a matter with their immediate manager (eg it may relate to the actions of that manager), in which case, employees may discuss the matter at the next higher level of management; • if the matter is not resolved at that level, the steps taken shall be timely and appropriate persons concerned may arrange further discussions involving more senior levels of management, up to the early settlement level of Chief Executive; • the particular matters in Chief Executive and the employee may, by agreement, appoint a third party for the purpose of mediating and settling the dispute. 14.4 In 52.4. Throughout the first instanceprocedure outlined at sub-clauses 52.3, disputes should either party to the dispute may choose to be addressed at accompanied and represented by a person of their choice. Where either person chooses to be accompanied in a meeting, they will ensure the local work area other party is informed of this decision within a reasonable time prior to that meeting. 52.5. Nothing in the above procedure shall preclude a manager referring a matter to the appropriate level through discussions between of management, in accordance with sub-clause 52.3, in circumstances where that level of management has been by-passed by the relevant nominated manager(s) and the employee(s) involvedemployee concerned. 52.6. If the a dispute in relation to a matter arising under this agreement is not resolved or if it is not appropriate for the dispute unable to be resolved thereat the workplace, and all the agreed steps for resolving it as set out in sub-clause 52.3 have been taken, the matter dispute may be referred to more senior levels the Australian Industrial Relations Commission (AIRC) for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence, and submissions which in the opinion of management for resolutionthe Commission are necessary to make the arbitration effective. 14.5 If 52.7. Any decision or direction the matter cannot AIRC makes in relation to the dispute, including procedural directions, shall be resolved, accepted by all affected persons and a decision made as a result of arbitration shall be accepted by the parties to the dispute as settlement of the dispute and their representatives may participate in mediation conducted by an agreed mediator or refer the matter will be complied with, subject to either party to the AIRC for conciliation and/or arbitration pursuant dispute exercising a right of appeal against the decision. 52.8. The sole and exhaustive rights and remedies of an employee in relation to section 709 termination of employment are those that the employee enjoys under: • Division 4 of Part 12 of the Workplace Relations Act 1996; • other Commonwealth laws (including the Constitution); and • at common law. 14.6 For 52.9. Termination of, or a decision to terminate employment, cannot be reviewed under the purposes dispute prevention and settlement procedures addressed in sub-clause 52.3 of this Agreement. 52.10. Nothing in this agreement prevents the Agency Head from terminating the employment of an employee for serious misconduct, without further notice or payment in lieu, in accordance with section 711 661 of the Workplace Relations Act 1996, subject to compliance with the parties agree that procedures established by the AIRC may exercise Agency Head for determining whether an employee has breached the powers and procedures outlined in sections 110 and 111 Code of Conduct under section 15 of the Workplace Relations Public Service Act 19961999. 14.7 Any decision or direction made by the AIRC shall be in writing and shall be accepted by all affected persons. The parties agree to accept and comply with any direction or determination, and agree that these are enforceable in a Court of competent jurisdiction. 14.8 Where a dispute has been arbitrated by the AIRC, a party to the dispute may, within 21 days of the decision being made, appeal to the Full Bench of the AIRC, against that decision. This is in relation to the arbitrated dispute, on the grounds that the AIRC was in error in deciding to make the decision. 14.9 Where a party to the dispute appeals against a decision of the AIRC, pursuant to clause 14.8, a Full Bench of the AIRC may, on such terms as the Full Bench considers appropriate, direct that the operation of the whole or part of the decision be stayed pending the determination of the appeal, or until further decision, direction, recommendation or suggestion of the Full Bench. 14.10 On the hearing of the appeal, the Full Bench of the AIRC may confirm, quash or vary the decision. 14.11 An employee is entitled to be supported and/or represented at any stage of these procedures, by a person or organisation, (which may include a union), of their own choice.