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 consider previous decisions of the Commission. 11.7 The Commission must approach matters regarding management decisions in accordance with the general principles set out in the XPT case [(1984) 295 CAR 188]. 11.8 The Commission must not issue interim orders, ‘status quo’ orders or interim determinations. 11.9 The parties are entitled to be represented, including by legal representatives, in proceedings pursuant to this dispute resolution procedure.
Appears in 1 contract
Samples: Enterprise Agreement
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 11.1 11.1. Any dispute or claim as to the wages or conditions of employment of any of the employees covered by this Agreement or as to any work-related matter, including a claim that the Agreement, the NES (including subsections 65(5) or 76(4)) or a General Protection (not involving dismissal) has been breached, or as to the relationship between the Employer and the Union, shall be settled in the manner outlined in this clause.
11.1.1. In the event of a dispute arising in the workplace about matters arising under this agreementfirst instance, the procedure parties to the dispute must try to resolve the matter will be as follows:
(a) The pilot dispute at the workplace level, by discussions between the employee or employees and the appropriate Company representative meeting and conferring on the matterrelevant supervisors and/or management.
(b) 11.1.2. If the matter is not resolved at this meetingby such meetings, the parties must will arrange for further discussions between the pilot and involving more senior levels of management.
management (c) If the matter cannot be resolved it may be referred by either party to the Commission for resolution. This does not affect as appropriate); and acknowledge the right of either party to appoint another person to act on behalf of the party in relation to resolving the matter at the workplace level
11.1.3. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to take other action the Fair Work Commission.
11.1.4. FWC may deal with the dispute in 2 stages:
a) FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation;
b) If FWC is unable to resolve the dispute at the first stage, FWC may then:
i. arbitrate the dispute; and ii. make a determination that is binding on the parties.
11.2 11.2. While the parties attempt are trying to resolve a the dispute pilots using the procedures in this clause:
11.2.1. the status quo will prevail, meaning without interruption to customer service or the functioning or safety of operations, and an employee must continue to perform his/her work as normal in accordance with this agreement and their contracts of employment he/she would normally unless a pilot he/she has a reasonable concern about an imminent risk to safety his/her health or healthsafety; and
11.2.2. In this case, a pilot an employee must not unreasonably fail to comply with a direction of given by the Company Employer to perform other available work, whether work at the same workplace, or at another workplace that was safe workplace, unless:
a) the work is not safe; or
b) applicable occupational health and safety legislation would not permit the work to be performed; or
c) the work is not appropriate for the pilot employee to perform; or
d) there are other reasonable grounds for the employee to refuse to comply with the direction.
11.3 If a dispute is referred 11.2.3. The parties to the Commission for resolution, the Commission can take any or all of the following actions as it considers appropriate dispute agree 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, be bound by 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, decision made by FWC in dispute cannot be resolved (including by conciliation) and either party requests, arbitrate or otherwise determine the matter, or matters, in disputeaccordance with this clause.
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 11.3. An employee who is a party to act in contravention of an applicable industrial instrument or law. Where relevant, and circumstances warrant, the Commission can consider previous decisions dispute may appoint a representative for the purposes of the Commissionprocedures in this term.
11.7 The Commission must approach matters regarding management decisions in accordance with the general principles set out in the XPT case [(1984) 295 CAR 188].
11.8 The Commission must not issue interim orders, ‘status quo’ orders or interim determinations.
11.9 The parties are entitled to be represented, including by legal representatives, in proceedings pursuant to this dispute resolution procedure.
Appears in 1 contract
Samples: Enterprise Agreement
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 11.1
10.1.1 In the event of a dispute arising in the workplace about matters arising under this agreementAgreement or the National Employment Standards, 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 FWC for resolution. This does not affect the right of either party to a dispute to take other action to resolve the dispute.
11.2 10.1.2 While the parties attempt to resolve a dispute pilots must continue to work as normal in accordance with this agreement 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 10.1.3 If a dispute is referred to the Commission FWC for resolution, the Commission FWC can take any or all of the following actions as it considers appropriate to resolve the dispute:dispute:
(a) Convene convene conciliation conferences of the parties or their representatives at which the Commission FWC is present;
(b) require the parties or their representatives to confer among themselves at conferences at which the Commission FWC 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.dispute.
11.4 The Commission 10.1.4 FWC must follow due process and allow each party a fair and adequate opportunity to present their case.
11.5 10.1.5 Any determination by the Commission FWC under paragraph 11.3 (10.1.3 f) must be in writing if either party so requests, and must give reasons for the determination.
11.6 10.1.6 Any determination made by the Commission FWC under paragraph 11.3 (10.1.3 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 FWC can consider previous decisions of the CommissionFWC.
11.7 The Commission 10.1.7 FWC must approach matters regarding management decisions in accordance with the general principles set out in the XPT case [(1984) 295 CAR 188].
11.8 The Commission 10.1.8 FWC must not issue interim orders, ‘status quo’ orders or interim determinations.
11.9 10.1.9 The parties are entitled to be represented, including by legal representatives, in proceedings pursuant to this dispute resolution procedure.
Appears in 1 contract
Samples: Enterprise Agreement
PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. 11.1 12.1 In the event of a dispute arising in the workplace about matters arising a matter under this agreementAgreement, a dispute in relation to the National Employment Standards or a dispute concerning any other employment related matter save for termination of employment, the procedure to resolve procedures for resolving the matter will be dispute are as follows:
(a12.1.1 The employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a shop xxxxxxx or delegate of the AMIEU. Subject to 12.2 and 12.3 where the AMIEU delegate is involved he/she shall be allowed the necessary time during working hours to interview the employee(s) The pilot and the appropriate Company representative meeting and conferring on the mattersupervisor.
(b) 12.1.2 If the matter is not resolved at this meetingsuch a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite an AMIEU official to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs. The AMIEU delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the AMIEU official.
12.1.3 If the matter remains unresolved, the parties shall jointly or individually refer the matter to Fair Work Commission for assistance in resolving the matter by conciliation and, if necessary arbitration in accordance with Section 739 of the Fair Work Act 2009
12.2 In order to facilitate the procedure in 12.1:
12.2.1 The party with the grievance must notify the other party at the earliest opportunity of the problem;
12.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;
12.2.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must arrange for further discussions between co-operate to ensure that the pilot and more senior levels of managementdisputes resolution procedures are carried out as quickly as possible.
(c) If 12.3 While 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 parties are attempting to resolve the dispute.
11.2 While matter the parties attempt to resolve a dispute pilots must will continue to work as normal in accordance with this agreement Agreement and their contracts contract of employment unless a pilot the employee has a reasonable concern about an imminent risk to his/her or her health and safety. Subject to relevant provisions of any occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his/her or health. In this caseher health or safety, a pilot the employee must not unreasonably fail to comply with a direction of the Company by his/her or her employer to perform other available work, whether at the same enterprise or another workplace enterprise, that was is safe and appropriate for the pilot employee to perform.
11.3 If a dispute is referred 12.4 Dispute settlement training leave
12.4.1 A single AMIEU delegate shall be entitled to, and the employer shall grant up to the Commission for resolutionthree days with pay per year, the Commission can take any or all of non-cumulative, to attend courses conducted by AMIEU on the following actions as it considers appropriate to resolve the disputeconditions:
(a) Convene conciliation conferences the scope content and level of the parties or their representatives at which courses are directed to the Commission is presentenhancement of the operation of the procedure for avoidance of industrial disputes;
12.4.1 (b) require reasonable notice is given by AMIEU or the parties or their representatives to confer among themselves at conferences at which the Commission is not presentdelegate;
(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 consider previous decisions of the Commission.
11.7 The Commission must approach matters regarding management decisions in accordance with the general principles set out in the XPT case [(1984) 295 CAR 188].
11.8 The Commission must not issue interim orders, ‘status quo’ orders or interim determinations.
11.9 The parties are entitled to be represented, including by legal representatives, in proceedings pursuant to this dispute resolution procedure.
Appears in 1 contract
Samples: Enterprise Agreement
