RESOLVING WORKPLACE CONCERNS OR DISPUTES. In order to resolve any concerns or grievances arising from this Agreement or in the course of employment, the parties agree to follow this procedure.
9.1.1 The matter and its potential resolution will be discussed firstly between the employee and his or her direct Supervisor, as soon as possible.
9.1.2 If the employee is not satisfied with the response, then the concern or grievance must be referred formally to the Store Manager. The Store Manager must respond within five (5) working days.
RESOLVING WORKPLACE CONCERNS OR DISPUTES. 15.1 This clause sets out the procedures to be followed if a dispute arises about a matter under this Agreement or in relation to the NES.
15.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the Employee or Employees concerned and the relevant supervisor or manager.
15.3 If the dispute is not resolved through discussion in clause 15.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the Employee or Employees concerned and more senior levels of management, as appropriate.
15.4 If the dispute is still unable to be resolved at clause 15.3 within a reasonable period and all appropriate steps have been taken under clauses 15.2 and 15.3, a party to the dispute may refer it to the FWC.
15.5 The FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation. If the FWC is unable to resolve the dispute at the first stage, the FWC may then:
15.5.1 arbitrate the dispute; and
15.5.2 make a determination that is binding on the parties. Note: If FWC arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that FWC 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.
15.6 While the parties are trying to resolve the dispute using the procedures in this term:
15.6.1 an Employee must continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety; and
15.6.2 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:
(a) the work is not safe; or
(b) applicable occupational health and safety legislation would not permit the work to be performed; or
(c) the work is not appropriate for the employee to perform; or
(d) there are other reasonable grounds for the employee to refuse to comply with the direction.
15.7 The parties to the dispute agree to be bound by a decision made by FWC in accordance with this term.
RESOLVING WORKPLACE CONCERNS OR DISPUTES. The following procedure will be used to resolve any concerns or dispute arising from the Agreement:
3.3.1 The first step is to discuss the matter and its potential resolution with the immediate Supervisor/Manager involved as soon as possible. The Supervisor/Manager must respond to the issue within five (5) working days.
3.3.2 If either party is not satisfied with the outcome, the matter may be referred to a more senior Company Manager for further consideration and resolution.
3.3.3 If the dispute is still not resolved the matter may be referred to the Australian Industrial Relations Commission for mediation or conciliation.
3.3.4 If conciliation fails to resolve the matter, the parties may, by agreement, request that the matter be arbitrated.
3.3.5 While a concern or dispute is being dealt with, work will continue as normal except where there is a bona fide concern regarding an immediate threat to your health or safety. Where there is a bona fide safety issue, Employees must perform alternative work as directed. There will be no bans, stoppages or limitations on the way that work is customarily performed. The Act prohibits industrial action during the life of this Agreement.
3.3.6 At any stage of this process an Employee may seek help, assistance or representation from a person, agent or employee association of their choice.
RESOLVING WORKPLACE CONCERNS OR DISPUTES. In the event of a dispute in relation to a matter arising under this Agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee or Employees concerned and more senior levels of management as appropriate. The following procedure will be followed to resolve any concerns or disputes arising from the Agreement.
1.9.1 The first step is for the Employee to discuss the matter and its potential resolution with the relevant supervisor as soon as possible. The Supervisor must respond within five (5) working days.
1.9.2 If the Employee is not satisfied with the outcome, he/she may refer the matter to one of the Principals for further consideration and resolution.
1.9.3 If a dispute in relation to a matter arising under the Agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
1.9.4 While a concern or dispute is being dealt with, work will continue as normal except where there is a bona fide concern regarding an immediate threat to health or safety. Where there is a bona fide safety issue, an Employee must perform alternative work as directed. There will be no bans, stoppages or limitations on the way that work is customarily performed.
1.9.5 At any stage an Employee may seek help, assistance or representation from a person, agent or union of her/his choice.
1.9.6 Any dispute referred to the Commission under this clause should be dealt with by a member in Adelaide agreed by the parties at the time or, in default of agreement, a member in Adelaide nominated by either the head of the relevant panel or the President.
1.9.7 The decision of the Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
RESOLVING WORKPLACE CONCERNS OR DISPUTES. This procedure will be followed to resolve any concerns or dispute arising from the Agreement.
1.8.1 The first step is for the Employee to discuss the matter and its potential resolution with his/her immediate Supervisor/Manager as soon as possible. The Supervisor/Manager must respond within five (5) working days.
1.8.2 If the Employee is not satisfied with the outcome, he/she may refer the matter to a more senior Company Manager for further consideration and resolution.
1.8.3 If the dispute is still not resolved the Employee or the Company may refer the matter to the Australian Industrial Relations Commission (“AIRC”) for conciliation. If conciliation fails to resolve the matter, the parties may by agreement request that the matter be arbitrated. Should this occur, the decision of the AIRC will be final and binding.
1.8.4 While a concern or dispute is being dealt with, work will continue as normal except where there is a bona fide concern regarding an immediate threat to health or safety. Where there is a bona fide safety issue, an Employee must perform alternative work as directed. There will be no bans, stoppages or limitations on the way that work is customarily performed. The Act prohibits industrial action during the life of this Agreement.
1.8.5 At any stage an Employee may seek help, assistance or representation from a person, agent or union of his/her choice.
RESOLVING WORKPLACE CONCERNS OR DISPUTES. Where a concern or dispute in the workplace arises the following dispute resolution procedure will apply:
RESOLVING WORKPLACE CONCERNS OR DISPUTES. This procedure will be followed to resolve any concerns or dispute arising from the Agreement:
1.8.1 The first step is for the Employee to discuss the matter and its potential resolution with his/her immediate Supervisor/Manager as soon as possible. The Supervisor/Manager must respond within five (5) working days.
1.8.2 If the Employee is not satisfied with the outcome, he/she may refer the matter to a more senior Company Manager for further consideration and resolution.
1.8.3 While a concern or dispute is being dealt with, work will continue as normal except where there is a bona fide concern regarding an immediate threat to health or safety. Where there is a bona fide safety issue, an Employee must perform alternative work as directed. There will be no bans, stoppages or limitations on the way that work is customarily performed. The Act prohibits industrial action during the life of this Agreement.
1.8.4 At any stage an Employee may seek help, assistance or representation from a person, agent or union of his/her choice.
RESOLVING WORKPLACE CONCERNS OR DISPUTES. In order to resolve any concerns or grievances arising from this Agreement or in the course of employment, the parties agree to follow this procedure.
9.1.1 The matter and its potential resolution will be discussed firstly between the employee and his or her direct Line Manager, as soon as possible.
9.1.2 If the employee is not satisfied with the response, then the concern or grievance must be documented and referred formally to the employee’s direct Line Manager. The Line Manager must respond within five (5) working days.
RESOLVING WORKPLACE CONCERNS OR DISPUTES. 1.6.1 The purpose of this procedure is to allow all parties access to a process to discuss and resolve matters of grievance and dispute relating to this Agreement. The parties agree to undertake the necessary steps to ensure that all issues receive prompt attention and are resolved in the first instance by internal discussions and by conciliation.
1.6.2 Work related or individual problems will be raised initially with the employee’s immediate supervisor. If the matter cannot be mutually resolved the employee may request further discussion on his/her problem with Site management and may request an independent representative be present at the request of the employee. Should the matter still be unresolved, the employee can request that the matter is referred to senior management to resolve the problem.
1.6.3 If any matter remains unresolved, despite the efforts of the parties to achieve resolution through the consultative processes referred to above, then the assistance of the Australian Industrial Relations Commission may be sought with the objective of seeking a mutually acceptable solution through conciliation and/or arbitration.
1.6.4 While this procedure is being followed, the status quo will be maintained with work continuing in accordance with the employees contract of employment and the parties shall be committed to avoiding stoppages of work, except for any reasonable concerns held by the Company or employees about any imminent risk to health and safety of employees.
1.6.5 Where an employee or employees hold a reasonable concern about an imminent health and safety risk then the employee or employees concerned will consult with management and discuss their concerns and follow the procedures to resolve the concerns set out in the relevant legislation concerning Occupational Health & Safety & Welfare and this clause. Employees will remain at work and comply with reasonable direction to perform other available and alternative duties if required whilst the concerns are resolved.
RESOLVING WORKPLACE CONCERNS OR DISPUTES. If a dispute relates to: a matter arising under the Agreement; or the NES; this term sets out procedures to settle the dispute. An Employee or their representative (which includes their Union) or the Employer (or their representative), may initiate a dispute under this clause. An Employee who is a party to the dispute or the Employer may appoint a representative for the purposes of the procedures in this term. 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. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the FWC. The FWC may deal with the dispute in 2 stages: the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and if the FWC is unable to resolve the dispute at the first stage, the FWC may then: arbitrate the dispute; and make a determination that is binding on the parties.
