Common use of PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES Clause in Contracts

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. (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. (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 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. (i) 9.1 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) 9.2 A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute. (iii) 9.3 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 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) 9.4 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) 9.5 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. (vi) 9.6 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.

PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. (ia) 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. (iib) A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute. (iiic) 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. (ivd) 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. (ve) 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. (vif) 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. (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 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. (i) In the event of a dispute in relation to a matter arising under this agreementany dispute, in the first instance claim or grievance between the parties will attempt covered by this Agreement and The Natural Confectionery Co Pty Ltd, Notting Hill site, it is agreed the following procedures, together with Clause 8C of the Confectioner's Award, are to resolve be: a) Employee lodges the complaint with their Team Leader or Site Manager. If the matter at is not resolved, employee takes his/her complaint to the workplace by discussions between Human Resources Department or their Employee representative b) Human Resources Department or the Employee Representative takes up complaint with Team Leader/Site Manager (with or without employee). If agreement cannot be reached the matter is taken up with the Operation’s Manager and Human Resources Manager. c) Failing settlement if the matter remains unresolved, and the aggrieved employee requests to involve the AMWU Food & Confectionery Division, the matter shall be discussed with an official of the AMWU Food & Confectionery Division, and the Human Resources Manager, together with other Management staff involved. d) If the matter remains unresolved the employee and/or the Company may, jointly or employees concerned and individually, refer 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 (AIRC) for resolution by mediation and/or conciliation. e) If conciliation andfails to resolve the dispute, where the AIRC is empowered to resolve the matter in dispute remains unresolvedby arbitration, arbitrationprovided the matter is limited to: • Interpretation of the Agreement; • Application of the Agreement; or • Process of implementation of a term or terms under this Agreement. If arbitration is necessaryIn all other circumstances, the AIRC may only arbitrate the matter if the parties agree to binding arbitration. Xxxxxx Given to the Australian Industrial Relations Commission: When arbitration takes place pursuant to step 5, the AIRC shall exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which it considers are necessary to make the arbitration effective. Because Note: The parties agree that their respective rights and obligations continue while 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 above steps of this agreement that while the dispute settlement procedure is are 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 performfollowed. (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. (i) In the event of a dispute in relation to a matter arising under this agreementAgreement, 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 (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. Because the employer needs to be compliant with the Building National Code of Practice for the Construction Industry (the Code) and the Australian Government Implementation Guidelines (the Guidelines) any outcome determined by a third party must be consistent with the Code and guidelines, possible outcomes of any arbitration are limited to those that comply with the Building Code and guidelinesGuidelines. (iv) It is a term of this agreement 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.