Referral to the Fair Work Commission Sample Clauses

Referral to the Fair Work Commission. ‌ If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 18.3 and 18.4, a party to the dispute (or their representative) may refer the matter to the Fair Work Commission (FWC) for conciliation.
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Referral to the Fair Work Commission. (a) If the dispute is unable to be resolved at the workplace, and the above steps for resolving it have been taken, it may be referred to the FWC for resolution by mediation and/or conciliation and/or arbitration. If arbitration is necessary the FWC may exercise such procedural powers in relation to hearings, witnesses, evidence and submissions that are necessary to make the arbitration effective. For the purposes of this clause, arbitration includes any appeal. (b) While the procedure in this clause is being pursued, work must continue in line with the terms of the Agreement, without affecting the rights of either the Team Members or Bunnings adversely. (c) A decision of the FWC in arbitration will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
Sample 1
Referral to the Fair Work Commission. If a dispute about a matter or matters arising under this Agreement or in relation to the National Employment Standards cannot be resolved at the workplace level, and all the agreed steps in clause 12.2 for resolving it have been taken, the matter(s) in dispute may be referred to the FWC, or a nominated member of FWC for private mediation and if that is unsuccessful, for formal determination by means of consent arbitration. 12.3.1. Step 1 Private Mediation Before the private mediation, the parties will confer informally with the FWC about matters of procedure, such as: a) The presentation of each side’s position (whether oral or in writing); b) Confidentiality requirements; c) Representation at the conciliation; d) Timing, location and duration of the conciliation; and e) Any further particulars about the FWC’s role in relation to establishing procedures. Subject to the preceding clause, it is agreed that the employee and the employer will observe confidentiality about all aspects of the matters in dispute. The purpose of referring the matter to the FWC is so that they may facilitate resolution of the dispute. The FWC will therefore be requested to: a) Help the parties identify and define the matter(s) in dispute; b) Help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; c) Where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matter(s) in dispute quickly, fairly and cost-effectively; and d) Act as the facilitator of direct negotiations between the parties. During the private mediation process either of the parties may request that the FWC discusses the matter individually with the parties and/ or their representatives, the content of such discussions to be private and confidential. Either party may request/ authorise the FWC to convey all or part of the discussion to the other party.
Sample 1

Related to Referral to the Fair Work Commission

  • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

  • Modified Work/Return to Work (a) The normal retirement age is sixty-five (65) years of age. The Employer may continue to employ an employee beyond retirement age, if the Employer determines that the employee can satisfactorily perform the requirements of her classification. (Effective December 12, 2006, the parties agree this sub- section no longer applies). (b) The parties recognize the duty of reasonable accommodation for individuals under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit the Employer and the Union to discharge that duty. (c) If an employee becomes disabled, including WSIB, with the result that she is unable to perform the regular functions of her position, the Employer may determine a special classification and salary, with the hope of providing an opportunity for continued employment. Positions established under this article will not constitute new classifications and shall lapse upon the termination, resignation, or retirement of the employee in question. (d) Prior to any disabled employee returning to work from a disability including WSIB to a modified/light/alternate work program, the Employer will notify and meet with members of the bargaining unit executive to consult on a back to work program for the worker. Any agreement resulting from these discussions which conflicts with the collective agreement shall, subject to agreement by the Union, prevail over any provision of this agreement in the event of a conflict. Nothing in this language obligates the Employer to establish a modified/light/ alternative work program, except as required by law.

  • Drug-Free Workplace Certification As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the Company hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace at the Project Location. The Company will give written notice to the IEDC within ten (10) days after receiving actual notice that the Company, or an employee of the Company in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of payments under the Agreement, termination of the Agreement and/or debarment of contracting opportunities with the State for up to three (3) years. In addition to the provisions of the above paragraph, if the total amount set forth in the Agreement is in excess of $25,000.00, the Company agrees that it will provide a drug-free workplace by: A. Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Company’s workplace, and specifying the actions that will be taken against employees for violations of such prohibition;

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