Resolving Other Issues. 12.2.1 The matter shall be first submitted by the employee or employee representative (if any) to the supervising officer or another appropriate manager, and if not settled, to a more senior manager in accordance with local procedure.
12.2.2 While this procedure is being followed the status quo will remain and, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement.
12.2.3 No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause.
12.2.4 Where the employee’s representative is an ETU Shop Xxxxxxx the Shop Xxxxxxx shall be provided private telephone facilities to speak to an ETU official and request representation at meetings with the Employer’s representatives as soon as possible in an attempt to resolve any matter without delay.
Resolving Other Issues. (a) Where a dispute arises over permitted matters (as currently defined in the FWA), the application of this Agreement or the NES, the matter shall be first submitted by the Union, Employee or Employee Representative (if any) to the supervising officer or another appropriate manager, or vice versa. If not settled, the matter may be referred to more senior persons.
(b) While this procedure is being followed the status quo that existed immediately prior to the events that gave rise to the dispute will remain and, subject to this, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases, the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement.
(c) No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.
(d) If still not settled, either party may submit the matter, in accordance with this clause, to:
(i) the Disputes Board for conciliation and/or, arbitration; or
(ii) directly to FWC for conciliation and/or arbitration, or for a review of an arbitrated decision of the Disputes Board.
(e) To avoid doubt, a party to a dispute may:
(i) apply to FWC notwithstanding the fact that the Disputes Board has already conciliated the matter; or
(ii) if the Disputes Board has arbitrated the matter, apply to FWC for a review of the decision within 14 days of the decision having been made; or
(iii) elect to submit the matter directly to FWC without first going to the Disputes Board.
(f) If a matter is submitted to the Disputes Board:
(i) The decision of the Disputes Board is binding on the parties subject to the right to review in accordance with this clause.
(g) Where a matter does progress to FWC for arbitration or review, its decision shall be final and binding on the parties subject to either party exercising any right of appeal against the decision to a Full Bench.
(h) In conciliating or arbitrating a matter under this clause, or conducting an appeal under this clause, FWC may exercise such procedural and other powers in relation to conferences, hearings, witnesses, evidence and submissions as are necessary to make the conciliation, arbitration, arbitration hearing, or review effective. To avoid doubt, in conducting a review, FWC is not confined to a consideration of the materials before the Disputes Board, and may deal with the matter afresh or conduct any hearing afresh and substitute its decisi...
Resolving Other Issues. 12.2.1 The matter shall be first submitted by the local ETU representative to the supervising officer or the other appropriate Company representative, and if not settled, to a more senior Company representative in accordance with local procedure.
12.2.2 While this procedure is being followed the status quo will remain and, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Company. Failure to continue shall be a breach of the Agreement.
12.2.3 No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause.
12.2.4 ETU Shop Stewards shall be provided private telephone facilities to speak to an ETU official and request representation at meetings with the Company’s representatives as soon as possible in an attempt to resolve any matter without delay.
12.2.5 If not settled the matter may be submitted to the National Electrical and Communications Association for intervention.
12.2.6 If still not settled, the matter shall be formally submitted to the State Secretary or other appropriate official of the ETU and to the National Electrical and Communications Association.
12.2.7 If still not settled the matter may be submitted to the Electrical and Communications Industry Disputes Board for determination. A decision of the Disputes Board (where no application is made for a decision to be reviewed within 14 days or an application for review is lodged with the Australian Industrial Relations Commission) shall be final and binding on the parties. Either party may apply to the Australian Industrial Relations Commission to have a decision of the Disputes Board reviewed. Such an application must be lodged with the Commission within 14 days. Where a matter does progress to the Australian Industrial Relations Commission, its decision shall be final and binding on the parties.
Resolving Other Issues. 12.2.1 The matter shall be first submitted by the employee or employee representative (if any) to the supervising officer or another appropriate manager, and if not settled, to a more senior manager in accordance with local procedure.
12.2.2 While this procedure is being followed the status quo will remain and, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall
12.2.3 No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause.
12.2.4 Where the employee’s representative is an ETU Shop Xxxxxxx the Shop Xxxxxxx shall be provided private telephone facilities to speak to an ETU official and request representation at meetings with the Employer’s representatives as soon as possible in an attempt to resolve any matter without delay.
Resolving Other Issues a) Where a dispute arises over permitted matters (as currently defined in the Fair Work Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, employee or Employee Representative (if any) to the supervising officer or another appropriate manager, or vice versa. If not settled, the matter may be referred to more senior persons.
b) While this procedure is being followed the status quo that existed immediately prior to the events that gave rise to the dispute will remain and, subject to this, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement.
Resolving Other Issues. 13.8.1 The matter shall be first submitted by the local ETU representative to the supervising officer or the other appropriate Company representative, and if not settled, to a more senior Company representative in accordance with local procedure.
13.8.2 While this procedure is being followed the status quo will remain and, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Company. Failure to continue shall be a breach of the Agreement.
13.8.3 No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause.
13.8.4 If not settled the matter may be submitted to the National Electrical and Communications Association for intervention.
13.8.5 If still not settled, the matter shall be formally submitted to the State Secretary or other appropriate official of the ETU and to the National Electrical and Communications Association.
13.8.6 If still not settled the matter may be submitted to the Electrical and Communications Industry Disputes Board for determination.
(a) A decision of the Disputes Board (where no application is made for a decision to be reviewed within 14 days or an application for review is lodged with the Australian Industrial Relations Commission) shall be final and binding on the parties.
(b) Either party may apply to the Australian Industrial Relations Commission to have a decision of the Disputes Board reviewed. Such an application must be lodged with the Commission within 14 days.
(c) Where a matter does progress to the Australian Industrial Relations Commission, its decision shall be final and binding on the parties.
Resolving Other Issues. 12.2.1 The matter shall be first submitted by the employee or employee representative (if any) to the supervising officer or the other appropriate manager, and if not settled, to a more senior manager in accordance with local procedure.
12.2.2 While this procedure is being followed and whilst the dispute remains unresolved, the parties will continue to work to the arrangements that existed prior to the issue that caused the dispute,that is the status quo will remain.(This does not apply where the dispute is over a lawful instruction issued by the employer). No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause.
Resolving Other Issues. 32.2.1 This procedure shall be used for resolving all other disputes including disputes relating to the operation of this Agreement and disputes over the application of the National Employment Standards (NES):
32.2.2 The matter shall be first submitted by the employee or employee representative to the supervising officer or another appropriate manager, and if not settled, to a more senior manager in accordance with local procedure.
32.2.3 While this procedure is being followed the status quo as it existed prior to the events that gave rise to the dispute arising shall remain.
32.2.4 No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause.
32.2.5 A Union Official may attend the workplace to undertake actions involved in the above procedure.
32.2.6 If not settled the matter may be referred to the relevant Employer Association for intervention.
32.2.7 If not settled, the matter may be formally submitted to the State Secretary or other appropriate official of the union, or other employee representative (if any), or other employer representative (if any).
32.2.8 If not settled, and the matter is a dispute about matters arising under this Agreement or the National Employment Standard the matter may be submitted directly to the Fair Work Commission who may resolve the dispute as it considers appropriate including using mediation, conciliation, expressing a opinion or making a recommendation.
32.2.9 If the Fair Work Commission is unable to resolve the dispute it may arbitrate the dispute and make a determination which is binding on the parties.
32.2.10 Where a matter does progress to the Fair Work Commission, its decision shall be final and binding on the parties, subject to either party exercising a right of appeal against the decision.
32.2.11 At all stages of the above procedure, either party may appoint another person to act on their behalf including in the case of Employees, a shop xxxxxxx or delegate of their union.
Resolving Other Issues. 10.2.1 The matter shall be first submitted by the employee or employee representative (if any) to the supervising officer or another appropriate manager, and if not settled, to a more senior manager in accordance with local procedure.
10.2.2 While this procedure is being followed the status quo will remain and, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement.
10.2.3 No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause.
10.2.4 Where the employee’s representative is an ETU Shop Xxxxxxx the Shop Xxxxxxx shall be provided private telephone facilities to speak to an ETU official and request representation at meetings with the Employer’s representatives as soon as possible in an attempt to resolve any matter without delay. Nothing in this sub-clause gives the union the automatic right to enter the premises of the Employer
Resolving Other Issues. (a) Where a dispute arises over permitted matters (as currently defined in the Fair Work Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, employee or Employee Representative (if any) to the supervising officer or another appropriate manager, or vice versa. If not settled, the matter may be referred to more senior persons.
(b) While this procedure is being followed the status quo that existed immediately prior to the events that gave rise to the dispute will remain and, subject to this, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases, the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement.
(c) No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause.
(d) Where the employee’s representative is an ETU Shop Xxxxxxx the Shop Xxxxxxx shall be provided private telephone facilities to speak to an ETU official and request representation at meetings with the Employer’s representatives as soon as possible in an attempt to resolve any matter without delay.
(e) If still not settled, either party may submit the matter, in accordance with this clause, to:
i. directly to FWC for conciliation and/or arbitration ii. apply to FWC
