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

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. Any dispute or claim (whether any such dispute or claim arises out of the operation of Disputes over matters arising from this Agreement (or not) as any other dispute related to the wages or conditions of employment of any of the employees covered by this Agreement shall relationship) must be settled in dealt with according to the following mannerprocedure: 12.1 8.1.1 The matter must first be submitted by the Employee/s via the following process: (i) The matter shall be first be discussed between the aggrieved employee and his/her supervisor/their manager.; 12.2 (ii) If settlement is not reached the matter shall be discussed between the employee, the employee’s on site representative who maybe the delegate, employee and the site manager or other appropriate officer of Shift Manager and if the Employer.employee choses to have a representative this may include a union; and 12.3 (iii) If not settled the matter shall then be discussed between the employee, employee a more senior 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 for the Employer and if the appropriate employee choses, a more senior employee respresentative, this may include the union organiser; (iv) If still not resolved, there may be discussions between the relevant Employee Representative or other representative who maybe an official of chosen by the Relevant unionEmployee/s, and a senior Employer Representative. All parties will genuinely undertake to resolve the matter at the workplace. 8.1.2 Work shall continue without interruption while these procedures are being followed. The provisions of this sub-clause need not apply unless either the Employer or the employee requests otherwise. 12.5 If pre- dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. Either Party or their chosen representative may, if the dispute still not settled it shall be submitted exists after all of the above agreed steps for resolving the dispute have been taken, refer the matter to a member of the Australian Industrial Relations Commission (AIRC) for determination, whose decision shall, subject to any rights of appeal, resolution by mediation or conciliation. If still not resolved then arbitration may be final and will be accepted by the parties. 12.6 necessary. 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. 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 agreement shall be settled in the following manner: 12.1 11.1 The matter shall first be discussed between the aggrieved employee and his/her supervisor/manager. 12.2 11.2 If settlement is not reached the matter shall be discussed between the employeereached, the employee’s on site representative who maybe the Company shall refer it to a more senior level of management. The employee may appoint another person to represent them, including a union delegate, and the site manager or other appropriate officer of the Employer. 12.3 11.3 If not settled the Company shall refer the matter shall then be discussed between to the employeeappropriate employer representative. The employee may invite a representative, employee representative who maybe the relevant Relevant including a union organiser and to be involved in the appropriate representative of the Employer.discussions.. 12.4 11.4 If agreement is not reached, the Company shall refer the matter shall then be discussed between to a representative of the head of the office of the Employer and company. The employee may invite a representative, including a more senior union official, to be involved in the appropriate senior employee representative who maybe an official of the Relevant uniondiscussions. The provisions of this sub-sub- clause need not apply unless either the Employer or the employee party requests otherwise. 12.5 11.5 If the matter is still not settled it shall be submitted to a member of the Australian Industrial Relations Commission for determinationconciliation, and if necessary, arbitration, whose decision shall, subject to any rights of appeal, be final and will be accepted by the parties. 12.6 11.6 Until the matter is determined, the status quo will prevail. 11.7 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. PART 3 - COMPANY AND EMPLOYEES’ DUTIES, the status quo will prevail.EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS

PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES. ‌ 2.2.1 Any question, dispute or claim (whether any such dispute or claim arises out of the operation of difficulty arising from this Agreement or not) as to the wages or conditions of employment of any of the employees covered by this Agreement agreement shall be settled dealt with in accordance with the following mannerprocedure: 12.1 (a) The matter shall first be discussed between the aggrieved employee affected and his/her the appropriate supervisor/manager. The employee may choose to be represented by the union delegate. 12.2 (b) If settlement is not reached the matter remains unresolved, the matter shall be discussed between the employee, a union delegate if the employee’s on site representative who maybe the delegate, employee so chooses and the site manager or other appropriate officer of the Employerline manager. 12.3 (c) If not settled the matter remains unresolved, the matter shall then be discussed between an organiser of the union if the employee so chooses and an appropriate representative of the company. (d) If the matter remains unresolved, the matter shall be discussed between the employee, state secretary of the union if the employee representative who maybe the relevant Relevant union organiser so chooses and the an appropriate representative of the Employercompany. 12.4 If agreement is not reached, 2.2.2 While the matter in dispute is being discussed in accordance with the procedure, as prescribed in subclause (2.2.1) hereof, work shall then continue and the status quo as applying before the dispute shall be discussed between a representative 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 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 of New South Wales (“the Commission”) for determination, whose decision shall, subject to any rights resolution of appeal, be final and will be accepted by the partiesa dispute using conciliation and/or arbitration. 12.6 If arbitration is necessary the 2.2.4 The parties agree that the Commission shall have be able to exercise whatever functions and/or powers it considers necessary to conduct any arbitral 2.2.5 It is a term of this agreement that the power parties agree, subject to do all such things as are necessary for any right to appeal to the just resolution or determination full Commission, to accept the arbitrated decision of the matter in dispute. This includes Commission as final and binding on the exercising of procedural powers in relation to directions, hearings, witnesses, evidence and submissions which are necessary to make the arbitration effectiveparties. 12.7 Until the matter is determined, the status quo will prevail.