Resolution of Agreement Disputes. 13.1 If a dispute relates to:
(a) a matter arising under this Agreement; or
(b) the National Employment Standards; this term sets out procedures to settle the dispute.
13.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
13.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and their relevant manager/s.
13.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission.
13.5 The Fair Work Commission may deal with the dispute in 2 stages:
(a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties. Note : If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.
13.6 While the parties are trying to resolve the dispute using the procedures in this term:
(a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
(b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
(i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not permit the work to be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to comply with the direction.
13.7 The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term.
Resolution of Agreement Disputes. If a dispute relates to a matter arising under this Agreement, or the NES this term sets out the procedures to settle the dispute.
Resolution of Agreement Disputes. 7.1 This Agreement shall be governed by and construed in accordance with the provisions of the laws of the People’s Republic of China; and
7.2 Any dispute arising from the interpretation and performance of the terms hereof shall be resolved by both Parties in good faith. If any dispute fails to be resolved by both Parties within thirty (30) days after either Party has sent a written notice to the other Party requesting a settlement through consultation, either Party may submit such dispute to China International Economic and Trade Arbitration Commission for arbitration in accordance with its then effective arbitration rules. The arbitration shall be conducted in Beijing, and the language used in the arbitration shall be Chinese. The arbitration award shall be final and binding on both Parties.
Resolution of Agreement Disputes. If a dispute relates to a matter under this Agreement, or under the National Employment Standards (NES), the following clauses (2.25 to 2.31) set out the procedures to settle the dispute.
Resolution of Agreement Disputes. If a dispute relates to a matter under this Agreement, or under the National Employment Standards (NES), the following clauses (2.25 to 2.31) set out the procedures to settle the dispute. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. In the first instance, parties to the dispute must try to resolve the dispute at the workplace level by discussions between the employee(s) and the relevant management. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. The Fair Work Commission may deal with the dispute in two stages:
Resolution of Agreement Disputes. Construction Manager understands and agrees that all disputes between it and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted for resolution in the following manner.
Resolution of Agreement Disputes. 9.1. The parties to this Agreement recognise that disputes concerning workplace matters may arise.
9.2. If a dispute relates to a matter under this Agreement, or the National Employment Standards (NES), the parties to the dispute must first attempt to resolve the matter at the workplace level by discussions between the employee or employees concerned and the relevant supervisor/manager.
9.3. If a resolution to the dispute has not been achieved after discussions have been held in accordance with Clause 9.2, the parties to the dispute will endeavour to resolve the dispute in a timely manner either through discussions with more senior levels of management where appropriate or through alternative dispute resolution methods.
9.4. If discussions at the workplace level do not resolve the dispute, and all appropriate steps have been taken in accordance with Clauses 9.2 and 9.3, a party to the dispute may refer the matter to FWA.
9.5. FWA may deal with the dispute in two stages:
a) FWA will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
b) if FWA is unable to resolve the dispute at the first stage, FWA may then:
i) arbitrate the dispute; and
ii) make a determination that is binding on the parties.
Resolution of Agreement Disputes. If a dispute relates to: 394.1 a matter arising under the agreement; or
Resolution of Agreement Disputes. If a dispute relates to a matter arising under this Agreement, or the NES the parties to the dispute must first attempt to resolve the matters at the workplace level by discussions between the employee or employees concerned and the relevant supervisor/manager. If a resolution of the dispute has not been achieved after discussions have been held in accordance with the provision above, the parties to the dispute will endeavour to resolve the dispute in a timely manner either through discussion with more senior levels of management where appropriate, or through alternative dispute resolution methods. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Australia. Fair Work Australia may deal with the dispute in 2 stages:
a) Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
b) if Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then:
i) arbitrate the dispute; and
ii) make a determination that is binding on the parties.
Resolution of Agreement Disputes. 14.1. If a dispute relates to:
14.1.1. a matter under this Agreement, or
14.1.2. the National Employment Standards (NES): This term sets out procedures to settle the dispute.
14.2. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
14.3. In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
14.4. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission.
14.5. The Fair Work Commission may deal with the dispute in two (2) stages:
14.5.1. the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
14.5.2. If Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
a. arbitrate the dispute; and
b. make a determination that is binding on the parties.
