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

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.

Appears in 1 contract

Samples: Collective Agreement

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PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1. 12.1 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: 12.1.1 In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussions between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them, including a union delegate. (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 Any employee representative involved in the dispute procedure steps shall be released on paid time. 9.1.1. 12.1.2 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. 12.1.3 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. 12.1.4 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. 12.1.5 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. 12.1.6 Without prejudice to either party, and except where a bona fide safety issue is involved, work should shall continue in accordance with this agreement the Agreement while the matters in dispute between them are being dealt with negotiated in good faith. Where a bona fide safety issue is involved, the employer and the status quo will prevailappropriate Safety Authority must be notified concurrently or at least a bona fide attempt made to notify that authority.

Appears in 1 contract

Samples: Union Collective Agreement

PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1. 8.1 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:. (a8.1.1 The matter shall first be discussed between the aggrieved employee(s) The concerned and his or her supervisor. 8.1.2 If settlement is not reached the matter shall be discussed by the employee and, if requested by the employee(s), his or her representative which may include the union delegate, and the site manager or other appropriate officer of the employer. Where the employee’s representative is involved he or she shall be allowed the necessary time during working hours to 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 rolerelevant management of the employer. (b) An employee representative involved in the dispute procedure steps shall be released on paid time. 9.1.1. 8.1.3 If such discussions do not resolve the matter in dispute, is not resolved at such a meeting 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 8.1.4 In the event of 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, remaining unresolved either party may refer the dispute matter to the Australian Industrial Relations Commission (‘the Commission) for conciliation, conciliation and, if necessary, 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 shall be final and accepted by the parties, parties subject to either party exercising a any right of appeal against the decision to a Full BenchBench of the Commission. 9.1.5. Without prejudice to either party, work should continue in accordance with this agreement while 8.1.5 Until the matters in dispute are being dealt with and matter is determined the status quo in existence immediately before the dispute will prevail. 8.2 Powers of the Commission under the disputes procedure 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.

Appears in 1 contract

Samples: Certified Bargaining Agreement

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PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 9.1. 10.1 Any dispute or claim (whether any such dispute or claim arises out of the operation of this Agreement 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: 10.1.1 In the first instance, the parties will attempt to resolve the matter in dispute at the workplace by discussion between the employee(s) concerned and the relevant supervisor. The employee may appoint another person to represent them, including a union delegate. (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 Any employee representative involved in the dispute procedure steps shall be released on paid time. 9.1.1. 10.1.2 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. 10.1.3 If the matter in dispute remains unresolved, the employer may refer it to a more senior level of management. The employee employer 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. 10.1.4 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, 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. 10.1.5 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 10.1.6 Until the matters matter in dispute are being dealt with and is determined, the status quo will prevail. This shall not apply where clause 9.

Appears in 1 contract

Samples: National Union of Workers Agreement

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