PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. (i) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate.
(ii) A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
(iii) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary, the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. Because the employer needs to be compliant with the Building Code and guidelines, possible outcomes of any arbitration are limited to those that comply with the Building Code and guidelines.
(iv) It is a term of this agreement that while the dispute settlement procedure is being conducted work shall continue normally unless the employee has a reasonable concern about an imminent risk to his or her health or safety. Subject to the concern re OHS, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
(v) Any dispute referred to the AIRC under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President.
(vi) The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1. Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner:
(a) The representative may interview the employee(s) concerned and the supervisor. The representative shall have reasonable access to resources (including photocopier, telephone, fax machine and notice board) to perform their role.
(b) An employee representative involved in the dispute procedure steps shall be released on paid time.
9.1.1. If such discussions do not resolve the matter in dispute, the parties will arrange further discussions involving more senior levels of management as appropriate. The employee may invite a representative, including the union organiser, to be involved in the discussions.
9.1.2. If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a representative, including a more senior union official, to be involved in the discussions. The provisions of this sub-clause need not apply unless either party requests otherwise.
9.1.3. If the matter in dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the Australian Industrial Relations Commission (‘the Commission’) for conciliation, and, if necessary, arbitration. Any dispute referred to the Commission should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member of the relevant panel.
9.1.4. The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
9.1.5. Without prejudice to either party, work should continue in accordance with this agreement while the matters in dispute are being dealt with and the status quo will prevail.
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 11.1 In the event of a dispute arising in the workplace about matters arising under this agreement, the procedure to resolve the matter will be as follows:
(a) The pilot and the appropriate Company representative meeting and conferring on the matter.
(b) If the matter is not resolved at this meeting, the parties must arrange for further discussions between the pilot and more senior levels of management.
(c) If the matter cannot be resolved it may be referred by either party to the Commission for resolution. This does not affect the right of either party to a dispute to take other action to resolve the dispute.
11.2 While the parties attempt to resolve a dispute pilots must continue to work as normal in accordance with this agreement and their contracts of employment unless a pilot has a reasonable concern about imminent risk to safety or health. In this case, a pilot must not unreasonably fail to comply with a direction of the Company to perform other available work, whether at the same or another workplace that was safe and appropriate for the pilot to perform.
11.3 If a dispute is referred to the Commission for resolution, the Commission can take any or all of the following actions as it considers appropriate to resolve the dispute:
(a) Convene conciliation conferences of the parties or their representatives at which the Commission is present;
(b) require the parties or their representatives to confer among themselves at conferences at which the Commission is not present;
(c) request, but not compel, a person to attend proceedings;
(d) request, but not compel, a person to produce documents;
(e) where either party requests, make recommendations about particular aspects of a matter about which they are unable to reach agreement;
(f) where the matter, or matters, in dispute cannot be resolved (including by conciliation) and either party requests, arbitrate or otherwise determine the matter, or matters, in dispute.
11.4 The Commission must follow due process and allow each party a fair and adequate opportunity to present their case
11.5 Any determination by the Commission under paragraph 11.3 (f) must be in writing if either party so requests, and must give reasons for the determination.
11.6 Any determination made by the Commission under paragraph 11.3 (f) must be consistent with applicable law and must not require a party to act in contravention of an applicable industrial instrument or law. Where relevant, and circumstances warrant, the Commission can con...
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner:
12.1 The matter shall first be discussed between the aggrieved employee and his/her supervisor/manager.
12.2 If settlement is not reached the matter shall be discussed between the employee, the employee’s on site representative who maybe the delegate, and the site manager or other appropriate officer of the Employer.
12.3 If not settled the matter shall then be discussed between the employee, employee representative who maybe the relevant Relevant union organiser and the appropriate representative of the Employer.
12.4 If agreement is not reached, the matter shall then be discussed between a representative of the head office of the Employer and the appropriate senior employee representative who maybe an official of the Relevant union. The provisions of this sub-clause need not apply unless either the Employer or the employee requests otherwise.
12.5 If the matter is still not settled it shall be submitted to a member of the Australian Industrial Relations Commission for determination, whose decision shall, subject to any rights of appeal, be final and will be accepted by the parties.
12.6 If arbitration is necessary the parties agree that the Commission shall have the power to do all such things as are necessary for the just resolution or determination of the matter in dispute. This includes the exercising of procedural powers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
12.7 Until the matter is determined, the status quo will prevail.
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 10.1 The parties agree that in the event of a question, dispute or difficulty arising fl-am the content of this Agreement, the following procedure shall apply:
10.1.1 the matter shall first be discussed between the aggrieved employee(s) and their local management team.
10.1.2 if not settled the matter shall then be taken up by an accredited Union Representative or Un ion Organiser with the local management team.
10.1.3 if the matter is not settled it shall be referred to the appropriate State Secretary and State Manager (or respective nominees).
10.1.4 if the matter can not be settled at this level then the parties shall refer the matter to the State Secretary and GM, or their representatives, in an attempt to settle the matter.
10.1.5 if the matter is still not settled either party shall refer the matter to the New South Wales Industrial Relations Commission for assistance. The matter shall proceed before the Commission in accordance with the Industrial Relations Xxx 0000 (as amended).
10.1.6 matters that affect the Company’s commercial obligations to its customers or to manage its business are net to he affected.
10.2 Until the matter is determined by the Commission and except in the case of a bona fide safety issue, work shall continue normally. In the case of a bona fide safety issue alternative work will he identified by the company.
10.3 A party shall not he prejudiced as to final settlement by the continuation of work in accordance with this process.
10.4 The parties agree to a cooling off period and reasonable time frames between each stage of the process contained in 10.1. above.
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 2.2.1 Any question, dispute or difficulty arising from this agreement shall be dealt with in accordance with the following procedure:
(a) The matter shall first be discussed between the employee affected and the appropriate supervisor. The employee may choose to be represented by the union delegate.
(b) If the matter remains unresolved, the matter shall be discussed between the employee, a union delegate and the appropriate line manager.
(c) If the matter remains unresolved, the matter shall be discussed between an organiser of the union and an appropriate representative of the company.
(d) If the matter remains unresolved, the matter shall be discussed between the state secretary of the union and an appropriate representative of the company.
2.2.2 While the matter in dispute is being discussed in accordance with the procedure, as prescribed in subclause (2.1.1) hereof, work shall continue and the status quo as applying before the dispute shall be maintained. ‘Status quo’ shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute. No party shall be prejudiced in relation to the final settlement by the continuance of work in accordance with this clause.
2.2.3 It will be open to either party at any time to seek the assistance of the NSW Industrial Relations Commission for resolution of a dispute using conciliation and/or arbitration.
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. (i) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor, and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate.
(ii) A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute.
(iii) If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary, the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
(iv) It is a term of this agreement that while the dispute settlement procedure is being conducted work shall continue normally unless an employee has a reasonable concern about an imminent risk to his or her health or safety. Subject to the concern re OHS, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
(v) Any dispute referred to the AIRC under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President.
(vi) The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 11.1 In the event of a dispute in relation to a matter arising under this Agreement, in the first instance BIC will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate.
11.2 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute, which could include the union.
11.3 If a dispute in relation to a matter arising under the Agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (hereafter referred to as the AIRC) for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
11.4 It is a term of this Agreement that while the dispute settlement procedure is being conducted work will continue normally unless an employee has a reasonable concern about an imminent risk to his or her health or safety. Subject to the concern re occupational health and safety, the employee must not unreasonably fail to comply with a direction by BIC to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
11.5 Any dispute referred to the AIRC under this clause should be dealt with by a member agreed by the parties at the time or, in default of agreement, a member nominated by either the head of the relevant panel or the President.
11.6 The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
11.7 Without prejudice to either party, work should continue in accordance with this agreement while the matters in dispute are being dealt with and the status quo will prevail.
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 12.1 Any dispute or claim (whether any such dispute or claim arising out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement (including a claim that the NES have been breached) shall be settled in the following manner:
12.1.1 The matter shall first be discussed between the aggrieved employee and his/her supervisor.
12.1.2 If settlement is not reached the matter shall be discussed between the delegate or other employee chosen representative and the site manager or other appropriate officer of the employer.
12.1.3 If not settled that matter shall then be discussed between the union organiser or other employee chosen representative and the appropriate representative of the employer.
12.1.4 If agreement is not reached, the matter shall then be discussed between a representative of the head of the office of the company and the appropriate senior official of the union or other such employee chosen senior representative.
12.2 If the matter is still not settled it shall be submitted to a member of the Fair Work Commission for determination, whose decision shall, subject to any rights of appeal, be final and will be accepted by the parties. Until the matter is determined, the status quo will prevail.
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement shall be settled in the following manner:
14.1 The matter shall first be discussed between the aggrieved employee and his/her supervisor.
14.2 If settlement is not reached the matter shall be discussed between the employee and the site manager or other appropriate officer of the employer. The employee may appoint another person to represent them, including a union delegate.
14.3 If not settled the matter shall then be discussed between the employee and the appropriate representative of the employer. The employee may appoint another person to represent them, including a union organiser.
14.4 If agreement is not reached, the matter shall then be discussed between a representative of the head of the office of the company and the employee and their representative. The provisions of this sub-clause need not apply unless either the company or the employee requests otherwise.
14.5 If the matter is still not settled it shall be submitted to a member of the Australian Industrial Relations Commission for determination, whose decision shall, subject to any rights of appeal, be final and will be accepted by the parties.
14.6 Until the matter is determined, the status quo will prevail.
