Project Grievance Resolution Procedure. 4.3.1 The following procedure for the avoidance or resolution of disputes will apply. The mechanism and procedures for resolving industrial disputes will include, but not be limited to, the following: (a) 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 and the Employee representative may, if the Employee(s) concerned wishes, be a union representative. The Employee representative will be given sufficient resources to represent the Employee(s) under this procedure. (b) If the matter is not resolved at such a meeting, the parties will arrange further discussions involving more senior management as appropriate. The Employee may at this stage also be represented by an Employee representative. The Company may also decide to invite a Company representative to attend. (c) If the matter remains unresolved, the Company may refer it to a more senior level of management. The Company may also decide to invite a more appropriate Company representative to attend. The Employee may also invite an Employee representative of the Employee’s choosing. 4.3.2 Throughout all stages of the procedure, all relevant facts must be clearly identified and recorded in writing. 4.3.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the grievance resolution procedure is carried out as quickly as possible. 4.3.4 Whilst the parties are attempting to resolve the matter, the parties will continue to work in accordance with the Agreement and their contract of employment, unless the Employee has a reasonable concern about an imminent risk to his or her health or safety. 4.3.5 Whilst these processes are being followed, the parties will be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work, and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise. 4.3.6 In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter, the parties should jointly or individually refer the matter to Commissioner Xxxxxxxx, Commissioner Cargill or Commissioner Xxxxxx of the Australian Industrial Relations Commission (“Commission”) for assistance in resolving the matter, whoever is first available. If none of the above Commissioners are available, then the matter will be referred to any other member of the Commission. 4.3.7 The types of disputes that may be referred to the Commission are matters arising under this Agreement. 4.3.8 The role the Commission has in the grievance procedure process is as follows: (a) In a conciliation process, should both parties agree, the Commission may, if it considers it appropriate, issue a recommendation that the parties will implement. (b) The power to dismiss a matter if the Commission forms the view that: • the application is trivial and/or frivolous; or • the matter is incapable of resolution within a time frame the Commission considers reasonable; or • the applicant is acting unreasonably in failing to resolve the dispute. (c) The power to arbitrate the matter, should conciliation fail to resolve it, provided the parties agree to such action. The decision of the Commission following arbitration is final, and the parties agree to accept the outcome of arbitration and implement or abide by any recommendation or determination that the Commission might issue, subject to any right of appeal under the WR Act. 4.3.9 The Commission can request information to be provided by the Company, the Employee(s), an agent or an organisation relating to the dispute or grievance and that information will be provided (a failure to provide such information within a requested time frame constitutes grounds for the dismissal of the application). 4.3.10 The Commission can deal with the matter informally in private conference. 4.3.11 The Commission can request information and submissions to be made in writing and can make recommendations or determinations from those written submissions (if it is empowered by the parties to do so).
Appears in 2 contracts
Samples: Workplace Agreement, Workplace Agreement
Project Grievance Resolution Procedure. 4.3.1 The following procedure for the avoidance or resolution of disputes will apply. The mechanism and procedures for resolving industrial disputes will include, but not be limited to, the following:
(a) 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 and the Employee representative may, if the Employee(s) concerned wishes, be a union representative. The Employee representative will be given sufficient resources to represent the Employee(s) under this procedure.
(b) If the matter is not resolved at such a meeting, the parties will arrange further discussions involving more senior management as appropriate. The Employee may at this stage also be represented by an Employee representative. The Company may also decide to invite a Company representative to attend.
(c) If the matter remains unresolved, the Company may refer it to a more senior level of management. The Company may also decide to invite a more appropriate Company representative to attend. The Employee may also invite an Employee representative of the Employee’s 's choosing.
4.3.2 Throughout all stages of the procedure, all relevant facts must be clearly identified and recorded in writing.
4.3.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the grievance resolution procedure is carried out as quickly as possible.
4.3.4 Whilst the parties are attempting to resolve the matter, the parties will continue to work in accordance with the Agreement and their contract of employment, unless the Employee has a reasonable concern about an imminent risk to his or her health or safety.
4.3.5 Whilst these processes are being followed, the parties will be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work, and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
4.3.6 In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter, the parties should jointly or individually refer the matter to Commissioner Xxxxxxxx, Commissioner Cargill or Commissioner Xxxxxx of the Australian Industrial Relations Commission (“Commission”) for assistance in resolving the matter, whoever is first available. If none of the above Commissioners are available, then the matter will be referred to any other member of the Commission.
4.3.7 The types of disputes that may be referred to the Commission are matters arising under this Agreement.
4.3.8 The role the Commission has in the grievance procedure process is as follows:
(a) In a conciliation process, should both parties agree, the Commission may, if it considers it appropriate, issue a recommendation that the parties will implement.
(b) The power to dismiss a matter if the Commission forms the view that: • the application is trivial and/or frivolous; or • the matter is incapable of resolution within a time frame the Commission considers reasonable; or • the applicant is acting unreasonably in failing to resolve the dispute.
(c) The power to arbitrate the matter, should conciliation fail to resolve it, provided the parties agree to such action. The decision of the Commission following arbitration is final, and the parties agree to accept the outcome of arbitration and implement or abide by any recommendation or determination that the Commission might issue, subject to any right of appeal under the WR Act.
4.3.9 The Commission can request information to be provided by the Company, the Employee(s), an agent or an organisation relating to the dispute or grievance and that information will be provided (a failure to provide such information within a requested time frame constitutes grounds for the dismissal of the application).
4.3.10 The Commission can deal with the matter informally in private conference.
4.3.11 The Commission can request information and submissions to be made in writing and can make recommendations or determinations from those written submissions (if it is empowered by the parties to do so).
Appears in 1 contract
Samples: Workplace Agreement
Project Grievance Resolution Procedure. 4.3.1 The following procedure for the avoidance or resolution of disputes will apply. The mechanism and procedures for resolving industrial disputes will include, but not be limited to, the following:
(a) 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 and the Employee representative may, if the Employee(s) concerned wishes, be a union representative. The Employee representative will be given sufficient resources to represent the Employee(s) under this procedure.
(b) If the matter is not resolved at such a meeting, the parties to the grievance will arrange further discussions involving more senior management as appropriate. The Employee may at this stage also be represented by an Employee representative. The Company may also decide to invite a Company representative to attend.
(c) If the matter remains unresolved, the Company may refer it to a more senior level of management. The Company may also decide to invite a more appropriate Company representative to attend. The Employee may also invite an Employee representative of the Employee’s choosing.
4.3.2 Throughout all stages of the procedure, all relevant facts must be clearly identified and recorded in writing.
4.3.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the grievance resolution procedure is carried out as quickly as possible.
4.3.4 Whilst the parties to the grievance are attempting to resolve the matter, the parties they will continue to work in accordance with the Agreement and their contract of employment, unless the Employee has a reasonable concern about an imminent risk to his or her health or safety.
4.3.5 Whilst these processes are being followed, in which case the parties Employee/s will be committed to avoid stoppages of work, lockouts or perform other bans or limitations available work on the performance of work, and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
4.3.6 In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter, the parties should jointly or individually refer the matter to Commissioner Xxxxxxxx, Commissioner Cargill or Commissioner Xxxxxx of the Australian Industrial Relations Commission (“Commission”) for assistance in resolving the matter, whoever is first available. If none of the above Commissioners are available, then the matter will be referred to any other member of the Commission.
4.3.7 The types of disputes that may be referred to the Commission are matters arising under this Agreement.
4.3.8 The role the Commission has in the grievance procedure process is Project as follows:
(a) In a conciliation process, should both parties agree, the Commission may, if it considers it appropriate, issue a recommendation that the parties will implement.
(b) The power to dismiss a matter if the Commission forms the view that: • the application is trivial and/or frivolous; or • the matter is incapable of resolution within a time frame the Commission considers reasonable; or • the applicant is acting unreasonably in failing to resolve the dispute.
(c) The power to arbitrate the matter, should conciliation fail to resolve it, provided the parties agree to such action. The decision of the Commission following arbitration is final, and the parties agree to accept the outcome of arbitration and implement or abide by any recommendation or determination that the Commission might issue, subject to any right of appeal under the WR Act.
4.3.9 The Commission can request information to be provided reasonably directed by the Company, the Employee(s), an agent or an organisation relating to the dispute or grievance and that information will be provided (a failure to provide such information within a requested time frame constitutes grounds for the dismissal of the application).
4.3.10 The Commission can deal with the matter informally in private conference.
4.3.11 The Commission can request information and submissions to be made in writing and can make recommendations or determinations from those written submissions (if it is empowered by the parties to do so).
Appears in 1 contract
Samples: Workplace Agreement
Project Grievance Resolution Procedure. 4.3.1 The following procedure for the avoidance or resolution of disputes will shall apply. The mechanism and procedures for resolving industrial disputes will shall include, but not be limited to, the following:
(a) : • The Employee(s) Employee/s concerned will shall first meet and confer with their immediate supervisor. The Employee(s) Employee/s may appoint another person to act on their behalf and the Employee representative may, if the Employee(s) Employee/s concerned wishes, be a union representative. The Employee representative will shall be given sufficient resources to represent the Employee(s) Employee/s under this procedure.
(b) . • If the matter is not resolved at such a meeting, meeting the parties will shall arrange further discussions involving more senior management as appropriate. The Employee employee may at this stage also be represented by an Employee representative. The employee representative the Company may also decide to invite a Company representative to attend.
(c) . . • If the matter remains unresolved, unresolved the Company may refer it to a more senior level of management. The Company management the employer may also decide to invite a more appropriate Company employer representative to attend. The Employee employee may also invite an Employee employee representative of the Employeeemployee’s choosing.
4.3.2 . Throughout all stages of the procedure, all relevant facts must be clearly identified and recorded in writing.
4.3.3 . Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the grievance resolution procedure is carried out as quickly as possible.
4.3.4 . Whilst the parties are attempting to resolve the matter, the parties will shall continue to work in accordance with the Agreement and their contract of employment, unless the Employee has a reasonable concern about an imminent risk to his or her health or safety.
4.3.5 . Whilst these processes are being followed, the parties will shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work, and the Company will shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
4.3.6 . In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter, the parties should jointly or individually refer the matter to Commissioner Xxxxxxxx, Commissioner Cargill or Commissioner Xxxxxx of the Australian Industrial Relations Commission (“Commission”) for assistance in resolving the matter, whoever is first available. If none of the above Commissioners are available, then the matter will be referred to any other member of the Commission.
4.3.7 The types of disputes that may be referred to the Commission are matters arising under this Agreement.
4.3.8 . The role the Commission has in the grievance procedure process is agreed as follows:
(a) : • In a conciliation process, should both parties agree, the Commission may, if it considers it appropriate, issue a recommendation that the parties will shall implement.
(b) . • The power to dismiss a matter if the Commission forms the view that: • the application is trivial and/or frivolous; or • the matter is incapable of resolution within a time frame the Commission considers reasonable; or • the applicant is acting unreasonably in failing to resolve the dispute.
(c) . • The power to arbitrate the matter, should conciliation fail to resolve it, provided the both parties agree to such action. The decision of the Commission following arbitration is final, and the parties agree to accept the outcome of arbitration and implement or abide by any recommendation or determination that the Commission might issue, subject to any right of appeal under the WR Act.
4.3.9 . • The Commission can request information to be provided by the Company, the Employee(s)Employee/s, an agent or an organisation relating to the dispute or grievance and that information will shall be provided (a failure to provide such information within a requested time frame constitutes grounds for the dismissal of the application).
4.3.10 . • The Commission can deal with the matter informally in private conference.
4.3.11 . • The Commission can request information and submissions to be made in writing and can make recommendations or determinations from those written submissions (if it is empowered by the parties to do so). • Conciliation regarding disputes and potential disputes arising out of the operation of this clause shall be dealt with by the Commission or as otherwise agreed between the parties.
Appears in 1 contract
Samples: Employment Agreement
Project Grievance Resolution Procedure.
4.3.1 The following procedure for the avoidance or resolution of disputes will apply. The mechanism and procedures for resolving industrial disputes will include, but not be limited to, the following:
(a) 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 and the Employee representative may, if the Employee(s) concerned wishes, be a union representative. The Employee representative will be given sufficient resources to represent the Employee(s) under this procedure.
(b) If the matter is not resolved at such a meeting, the parties will arrange further discussions involving more senior management as appropriate. The Employee may at this stage also be represented by an Employee representative. The Company may also decide to invite a Company representative to attend.
(c) If the matter remains unresolved, the Company may refer it to a more senior level of management. The Company may also decide to invite a more appropriate Company representative to attend. The Employee may also invite an Employee representative of the Employee’s choosing.
4.3.2 Throughout all stages of the procedure, all relevant facts must be clearly identified and recorded in writing.
4.3.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the grievance resolution procedure is carried out as quickly as possible.
4.3.4 Whilst the parties are attempting to resolve the matter, the parties will continue to work in accordance with the Agreement and their contract of employment, unless the Employee has a reasonable concern about an imminent risk to his or her health or safety.
4.3.5 Whilst these processes are being followed, the parties will be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work, and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
4.3.6 In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter, the parties should jointly or individually refer the matter to Commissioner Xxxxxxxx, Commissioner Cargill or Commissioner Xxxxxx of the Australian Industrial Relations Commission (“Commission”) for assistance in resolving the matter, whoever is first available. If none of the above Commissioners are available, then the matter will be referred to any other member of the Commission.
4.3.7 The types of disputes that may be referred to the Commission are matters arising under this Agreement.
4.3.8 The role the Commission has in the grievance procedure process is as follows:
(a) In a conciliation process, should both parties agree, the Commission may, if it considers it appropriate, issue a recommendation that the parties will implement.
(b) The power to dismiss a matter if the Commission forms the view that: • the application is trivial and/or frivolous; or • the matter is incapable of resolution within a time frame the Commission considers reasonable; or • the applicant is acting unreasonably in failing to resolve the dispute.
(c) The power to arbitrate the matter, should conciliation fail to resolve it, provided the parties agree to such action. The decision of the Commission following arbitration is final, and the parties agree to accept the outcome of arbitration and implement or abide by any recommendation or determination that the Commission might issue, subject to any right of appeal under the WR Act.
4.3.9 The Commission can request information to be provided by the Company, the Employee(s), an agent or an organisation relating to the dispute or grievance and that information will be provided (a failure to provide such information within a requested time frame constitutes grounds for the dismissal of the application).
4.3.10 The Commission can deal with the matter informally in private conference.
4.3.11 The Commission can request information and submissions to be made in writing and can make recommendations or determinations from those written submissions (if it is empowered by the parties to do so).
Appears in 1 contract
Samples: Workplace Agreement
Project Grievance Resolution Procedure. 4.3.1 The following procedure for the avoidance or resolution of disputes will shall apply. The mechanism and procedures for resolving industrial disputes will shall include, but not be limited to, the following:
(a) : • The Employee(s) Employee/s concerned will shall first meet and confer with their immediate supervisor. The Employee(s) Employee/s may appoint another person to act on their behalf and the Employee representative may, if the Employee(s) Employee/s concerned wishes, be a union representative. The Employee representative will shall be given sufficient resources to represent the Employee(s) Employee/s under this procedure.
(b) . • If the matter is not resolved at such a meeting, meeting the parties will shall arrange further discussions involving more senior management as appropriate. The Employee employee may at this stage also be represented by an Employee representative. The employee representative the Company may also decide to invite a an Company representative to attend.
(c) . . • If the matter remains unresolved, unresolved the Company may refer it to a more senior level of management. The Company management the employer may also decide to invite a more appropriate Company employer representative to attend. The Employee employee may also invite an Employee employee representative of the Employeeemployee’s choosing.
4.3.2 . Throughout all stages of the procedure, all relevant facts must be clearly identified and recorded in writing.
4.3.3 . Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the grievance resolution procedure is carried out as quickly as possible.
4.3.4 . Whilst the parties are attempting to resolve the matter, the parties will shall continue to work in accordance with the Agreement and their contract of employment, unless the Employee has a reasonable concern about an imminent risk to his or her health or safety.
4.3.5 . Whilst these processes are being followed, the parties will shall be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work, and the Company will shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the enterprise.
4.3.6 . In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter, the parties should jointly or individually refer the matter to Commissioner Xxxxxxxx, Commissioner Cargill or Commissioner Xxxxxx of the Australian Industrial Relations Commission (“Commission”) for assistance in resolving the matter, whoever is first available. If none of the above Commissioners are available, then the matter will be referred to any other member of the Commission.
4.3.7 The types of disputes that may be referred to the Commission are matters arising under this Agreement.
4.3.8 . The role the Commission has in the grievance procedure process is agreed as follows:
(a) : • In a conciliation process, should both parties agree, the Commission may, if it considers it appropriate, issue a recommendation that the parties will shall implement.
(b) . • The power to dismiss a matter if the Commission forms the view that: • the application is trivial and/or frivolous; or • the matter is incapable of resolution within a time frame the Commission considers reasonable; or • the applicant is acting unreasonably in failing to resolve the dispute.
(c) . • The power to arbitrate the matter, should conciliation fail to resolve it, provided the both parties agree to such action. The decision of the Commission following arbitration is final, and the parties agree to accept the outcome of arbitration and implement or abide by any recommendation or determination that the Commission might issue, subject to any right of appeal under the WR Act.
4.3.9 . • The Commission can request information to be provided by the Company, the Employee(s)Employee/s, an agent or an organisation relating to the dispute or grievance and that information will shall be provided (a failure to provide such information within a requested time frame constitutes grounds for the dismissal of the application).
4.3.10 . • The Commission can deal with the matter informally in private conference.
4.3.11 . • The Commission can request information and submissions to be made in writing and can make recommendations or determinations from those written submissions (if it is empowered by the parties to do so). • Conciliation regarding disputes and potential disputes arising out of the operation of this clause shall be dealt with by the Commission or as otherwise agreed between the parties.
Appears in 1 contract
Samples: Alstom Power Limited Newgen Kwinana Power Station Project (Cfmeu) Agreement 2006 2009