Common use of Resolving Other Issues Clause in Contracts

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 decision for that of the Disputes Board. In conducting a review, it is not necessary for FWC to determine whether the decision of the Disputes Board was affected by error. (i) A decision of the Disputes Board or FWC made pursuant to this clause 15.2 must not be inconsistent with the Building Code 2016 or legislative obligations. (j) For the purposes of the disputes procedure: (i) At all stages of this procedure, those involved in the dispute may seek the assistance of the Union, an Employee representative, Employer representative (if any) and/or other representative.

Resolving Other Issues. (a) Where a dispute arises over permitted matters (as currently defined in the FWAFair Work Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, Employee 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 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 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 decision for that of the Disputes Board. In conducting a review, it is not necessary for FWC to determine whether the decision of the Disputes Board was affected by error. (i) A decision of the Disputes Board or FWC made pursuant to this clause 15.2 must not be inconsistent with the Building Code 2016 or legislative obligations. (j) For the purposes of the disputes procedure: (i) At all stages of this procedure, those involved in the dispute may seek the assistance of the Union, an Employee employee representative, Employer representative (if any) and/or other representative.

Resolving Other Issues. (a) Where a dispute arises over permitted matters (as currently defined in the FWAFair Work Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, Employee 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, 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, if conciliation does not resolve the dispute, 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 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 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 decision for that of the Disputes Board. In conducting a review, it is not necessary for FWC to determine whether the decision of the Disputes Board was affected by error. (i) A decision of the Disputes Board or FWC made pursuant to this clause 15.2 7.2 must not be inconsistent with the Building Code 2016 or legislative obligations2016. (j) For the purposes of the disputes procedure: (i) : At all stages of this procedure, those involved in the dispute may seek the assistance of the Union, an Employee representativeRepresentative, Employer representative (if any) and/or other representative.

Resolving Other Issues. (a) 25.2.1 Where a dispute arises over permitted matters (as currently defined in the FWAFair Work Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, Employee 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) 25.2.2 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) 25.2.3 No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclausesub clause. (d) 25.2.4 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. 25.2.5 If still not settled, either party may submit the matter, in accordance with this clause, to: (ia) the Disputes Board for conciliation and/or, arbitration; or (iib) directly to FWC FWA for conciliation and/or arbitration, or for a review of an arbitrated decision of the Disputes Board. (e) 25.2.6 To avoid doubt, a party to a dispute may: (ia) apply to FWC FWA notwithstanding the fact that the Disputes Board has already conciliated the matter; or (iib) if the Disputes Board has arbitrated the matter, apply to FWC FWA for a review of the decision within 14 days of the decision having been made; or (iiic) elect to submit the matter directly to FWC FWA without first going to the Disputes Board. (f) 25.2.7 If a matter is submitted to the Disputes Board: (ia) The decision of the Disputes Board is binding on the parties parties, subject to the right to review in accordance with this clause. (gb) Where a matter does progress to FWC FWA for arbitration or review, its decision shall be final and binding on the parties parties, subject to either party exercising any right of appeal against the decision to a Full Bench. (h) 25.2.8 In conciliating or arbitrating a matter under this clause, or conducting an appeal under this clause, FWC FWA 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 FWA 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 decision for that of the Disputes Board. In conducting a review, it is not necessary for FWC FWA to determine whether the decision of the Disputes Board was affected by error. (i) A decision of the Disputes Board or FWC made pursuant to this clause 15.2 must not be inconsistent with the Building Code 2016 or legislative obligations. (j) For the purposes of the disputes procedure: (i) 25.2.9 At all stages of this procedure, those involved in the dispute may seek the assistance of the Union, an Employee employee representative, Employer representative (if any) and/or other representative.

Resolving Other Issues. (a) Where a dispute arises over permitted matters (as currently defined in the FWAFair Work Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, Employee 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 FWA 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 FWA 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 FWA 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 FWA 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 parties, subject to the right to review in accordance with this clause. (g) Where a matter does progress to FWC FWA for arbitration or review, its decision shall be final and binding on the parties 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 FWA 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 FWA 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 decision for that of the Disputes Board. In conducting a review, it is not necessary for FWC FWA to determine whether the decision of the Disputes Board was affected by error. (i) A decision of the Disputes Board or FWC FWA made pursuant to this clause 15.2 must not be inconsistent with the Building National Code 2016 of Practice for the Construction Industry, the Implementation Guidelines for the National Code of Practice for the Construction Industry or legislative obligations. (j) For the purposes of the disputes procedure: (i) At all stages of this procedure, those involved in the dispute may seek the assistance of the Union, an Employee employee representative, Employer representative (if any) and/or other representative. (k) An Employee Representative or an official of the ETU shall be allowed to enter the workplace (excluding residential premises) to assist with representing an employee(s) under the dispute resolution clause in this Agreement provided that the entry is in accordance with the Fair Work Act : (i) prior to seeking entry: (A) a dispute has been submitted to the Employer in accordance with clause 15.2(a) notifying the Employer of the nature of the dispute (as far as practicable), and which employees are affected (as far as practicable); (B) a person involved in the dispute has sought the assistance of the representative (or official); and (C) the parties have discussed mutually convenient arrangements for the entry, having regard to the operational requirements of the workplace; (ii) the entry must not be used for any other purpose; and (iii) the representative must not intentionally hinder or obstruct any person, or otherwise act in an inappropriate manner (which does not include actions involved in assisting the relevant employees in respect of the dispute), during the attendance or entry (or the representative has previously been found by FWA or the Disputes Board to have so acted in respect of that dispute). Without limiting the rights or obligations of the parties in relation to a breach of this Agreement, any dispute about entry to the workplace will be dealt with in accordance with this procedure. For the avoidance of doubt, clause 15.2(b) will apply while the procedure is followed.