Common use of Resolution of Agreement Disputes Clause in Contracts

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. 13.1 ‌ 56.1. If a dispute relates to: (a) to a matter arising under this Agreement; or, or the NES, the parties to the dispute must first attempt to resolve the matter at the workplace level by discussions between the staff member or staff members concerned and the relevant line manager within ten working days. 56.2. A dispute may be raised by a staff member or their representative (b) as defined in Clause 11), with Director HRM who will attempt to resolve the National Employment Standards; this term sets out procedures issues with the parties to settle the dispute. 13.2 An employee 56.3. JCU or a staff member who is a party to the dispute may appoint a representative another person, organisation or association to accompany and/or represent them for the purposes of the procedures in this term. 13.3 In the first instance, the 56.4. The parties to the dispute must try will endeavour to resolve the dispute at the workplace level, by in a timely manner either through discussions between the employee with more senior levels of management where appropriate or employees and their relevant manager/s.through alternative dispute resolution methods. 13.4 56.5. If discussions at the workplace level do not resolve the dispute, and appropriate steps have been taken, a party to the dispute may refer the matter to the Fair Work Commission. 13.5 56.6. The Fair Work Commission may deal with the dispute in 2 stages: (a) the 56.6.1 Fair Work Commission 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 56.6.2 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) and • make a determination that is binding on the parties. 56.7. Note : If Fair Work Commission arbitrates Resolution of disputes is to occur in good faith by following the dispute, it may also use same principles as the powers that are available to it under the Act. A decision that good faith bargaining requirements at section 228 of 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 decisionAct 2009. 13.6 56.8. While the parties are trying to resolve the dispute using the procedures in this termclause: (a) an employee 56.8.1 A staff member 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 56.8.2 Work shall continue in the normal manner; 56.8.3 No industrial action shall be taken by any party to the employer dispute or to perform other available the Agreement; 56.8.4 JCU shall not change work, staffing or the organisation of work at if such is the same workplacesubject of the dispute, or at another workplace, unless: (i) take any action likely to exacerbate 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 directiondispute. 13.7 56.9. The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.. SCHEDULE 1 - SALARIES‌ 1.1. ACADEMIC STAFF FULL-TIME 1.2. PROFESSIONAL AND TECHNICAL STAFF FULL-TIME 1.3. CASUAL ACADEMIC STAFF Casual Lecturing Casual Tutoring Undergraduate Clinical Nurse Education Casual Marking Other Required Academic Activities Loading/Allowance Staff Member Category Entitlement Conditions

Resolution of Agreement Disputes. 13.1 8.1 If a dispute relates to: (a) : • a matter arising under this Agreementthe agreement; or (b) or • the National Employment Standards; Standards this term sets out procedures to settle the dispute. 13.2 8.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 13.3 8.3 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.supervisors and/or management. 13.4 8.4 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 8.5 The Fair Work Commission may deal with the dispute in 2 two 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) and • 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) and – make a determination that is binding on the parties. Note : . 8.6 If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the ActFair Work Act 2009. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div Division 3 of Part 5.1 of the ActFair Work Act 2009. Therefore, an appeal may be made against the decision. 13.6 8.7 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) and • 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) or – applicable occupational health and safety legislation would not permit the work to be performed; or (iii) or – the work is not appropriate for the employee to perform; or (iv) or – there are other reasonable grounds for the employee to refuse to comply with the direction. 13.7 8.8 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. Part B | Classification and Remuneration 9.1 AFSA will maintain the authorised APS classification structure outlined at Attachment 1.