SETTLEMENT OF DISPUTES PROCEDURE. 22.1 Any dispute or grievance that arises at the workplace between an employee(s) and the employer about the interpretation or application of this Agreement or in relation to any matters pertaining to this agreement, the Award or the NES must be dealt with in the following manner:
22.2 Employees are entitled to invite a representative of their choice to participate in the Dispute Resolution process
22.3 The matter must first be discussed by the aggrieved employee(s) directly with his or her or their immediate supervisor.
22.4 If the matter remains in dispute, it must next be discussed with the supervisor's immediate superior or another representative of the employer appointed for the purpose of this procedure. The TWU delegate for the worksite has the right to attend at and participate in this discussion as the representative of an employee provided that the relevant TWU delegate is the representative of the employee's choice;
22.5 If the matter remains in dispute, it must next be discussed with the relevant manager of the employer. The relevant TWU State Secretary (or his/her nominee) has the right to attend at and participate in this discussion as the representative of an employee provided that the relevant TWU State Secretary is the representative of the employee's choice;
22.6 If the matter remains in dispute, it must next be submitted to Fair Work Commission (FWC) for conciliation. For this purpose, it is agreed that the action of FWC may take includes:
22.6.1 Arranging conferences of the parties or their representatives at which FWC is present; and
22.6.2 Arranging for the parties or their representatives to confer among themselves as conferences at which FWC is not present.
22.7 If the matter is not resolved in conciliation by FWC, the parties agree that the Commission shall proceed to arbitrate the dispute. In relation to such arbitration, the parties agree that:
22.8 Before making a determination FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute.
22.9 In making its determination FWC will only have regard to the materials, including witness evidence, and submissions put before it at the end of the hearing and will disregard any admission, concessions, offers or claims made in conciliation.
22.10 The decision of FWC will be binding on the parties subject to the following agreed matters:
22.11 There shall be a right of appeal to a Full Bench against the decision, which must be exercised within 21 days of the de...
SETTLEMENT OF DISPUTES PROCEDURE. The parties acknowledge their intent to address promptly and equitably any matter likely to lead to dispute in order to attain a resolution at the site without the involvement of other parties so far as is reasonably and practicably possible. In order for this to occur the following procedure will apply:
a) Subject to the rights of the parties, any dispute, claim or matter, concerning the employment of any employee of the Company, whether it arises out of the operation of this agreement or not, shall be settled in the under-mentioned manner:
(i) The matter shall first be discussed between the employee and his/her supervisor.
(ii) If not settled, the matter shall then be taken up with the manager concerned, or by the manager with the delegate.
(iii) At this stage, every effort will be made to resolve the matter – the consultative committee and senior management may be called upon to assist;
(iv) If the matter is still not resolved it shall be referred to the Divisional Manager;
(v) If the matter is still not resolved, it shall be referred to the New South Wales Industrial Relations Commission (“the NSW IRC”), whose decision, subject to the rights of the parties, will be accepted by the parties.
b) The parties agree that a mandatory cooling off period of 48 hours shall apply at each stage of the procedure whilst the parties are attempting to resolve the matter.
c) Until the matter is resolved by the parties or determined by the NSW IRC, except in the case of a genuine safety issue, work shall continue normally in accordance with normal custom or at the direction of the Company.
d) No party will be prejudiced as to the final outcome of the matter by the continuance of work in accordance with this clause.
e) The foregoing does not inhibit early notification to the New South Wales Industrial Relation Commission of any matter in accordance with the Industrial Relations Xxx 0000 should this be considered desirable by either party.
SETTLEMENT OF DISPUTES PROCEDURE. 26.1. Subject to the provisions of the NSW Industrial Relations Xxx 0000, the following mechanism and procedure must be used for the resolution of any dispute (including potential dispute) arising in the workplace.
26.2. This procedure applies to disputes between an employee and the employer in respect of any employment matter. The procedure applies to a single employee or to any number of employees.
26.3. The parties agree that it is in the interest of all parties to resolve disputes and grievances in the most timely and efficient manner possible. It is therefore agreed that as soon as is practicable after the dispute or claim has arisen, the employee/s will refer the issue directly to their immediate supervisor, affording them reasonable opportunity to remedy the dispute or claim.
26.4. If the matter remains unresolved, or is of such a nature that a direct discussion between the employee/s and their immediate supervisor would be inappropriate, the employee will refer the matter to the next level of supervision or management as appropriate.
26.5. If the matter remains unresolved at this stage the employee may seek assistance in resolving the matter from a union delegate or a representative of their choice. The employee and their representative should take the matter up directly with the appropriate level of management.
26.6. A reasonable time frame will be permitted for management to investigate the matter and respond to the employee/s, and unless a valid reason exists to do otherwise, an initial response shall be provided within forty-eight hours of the matter being raised in 26.5 above.
26.7. If after discussion between Xxxxxxx and the employee/s and their representative, the matter remains unresolved after the parties have genuinely attempted to achieve a resolution, either party may refer the matter to the Industrial Relations Commission of NSW.
26.8. Pending the completion of the procedure set out in this clause, work shall continue in accordance with this Agreement without interruption. When a dispute arises over the lawful exercise by the Company of management discretion and is not at variance with a clearly expressed and acknowledged Agreement, pending resolution of the matter, work shall continue in accordance with this Certified Agreement, contracts of employment and the direction of the Company. Where the above does not apply, the status quo will apply in accordance with any clearly expressed and acknowledged Agreement pending resolution of the...
SETTLEMENT OF DISPUTES PROCEDURE. This clause applies to all employees under this agreement. It is the objective of this procedure to ensure that grievances are resolved by negotiation and discussion between the parties. The Parties to this agreement recognize that from time to time individual employees may have grievances, which need to be resolved in the interest of good working relationships. An employee shall have the right for grievances to be heard through all levels of line management and if requested an employee may invite a union representative.
a) In the first instance the employee shall attempt to have the grievance resolved with the immediate supervisor.
b) If the employee remains aggrieved, then the matter shall be referred to their site supervisor
c) If the grievance is still unresolved, the issue or matter shall be referred to a Practice Group Manager.
d) If the matter is still unresolved at this stage, the case shall be heard by the RIB General Manager.
e) If any matter cannot be resolved within the organization’s grievance procedure, the case shall be referred to the Australian Industrial Relations Commission for conciliation and where both parties agree, arbitration.
f) The AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The decision of the AIRC will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
g) Until the grievance has been resolved, the employee shall continue to carry out normal work duties and responsibilities.
SETTLEMENT OF DISPUTES PROCEDURE. Any dispute or grievance that arises at the workplace between an Employee(s) and the Company in relation to the Agreement or any other matter arising under the National Employment Standards set out in the FW Act must be dealt with in the manner set out below. An Employee who is a party to the dispute may appoint a representative. The matter must first be discussed by the aggrieved Employee(s) directly with his or her or their immediate supervisor. If the matter remains in dispute, it will then be discussed with the supervisor's immediate manager or another representative of the Company appointed for the purpose of this procedure. If the matter remains in dispute, it may be referred to Fair Work Australia (FWA) by any party to the dispute for conciliation. While the parties are trying to resolve the dispute, the Employee must continue to perform his or her work unless the Employee has a reasonable concern about an imminent risk to his or her health or safety. No party is to be prejudiced as to the final settlement by the continuance of work in accordance with this procedure. The parties must co-operate to ensure that these procedures are carried out expeditiously. The parties will attempt to resolve disputes in a timely manner in accordance with the dispute settlement procedures set out in this Clause.
SETTLEMENT OF DISPUTES PROCEDURE. The parties acknowledge their intent to address promptly and equitably any matter likely to lead to dispute in order to attain a resolution at the site without the involvement of other parties so far as is reasonably and practicably possible. In order for this to occur the following procedure will apply:
(a) Subject to the rights of the parties, any dispute, claim or matter, concerning the employment of any employee of the Company, whether it arises out of the operation of this agreement or not, shall be settled in the undermentioned manner:
1. the matter shall first be discussed between the employee and his/her supervisor, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate;
2. A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute;
3. If a dispute in relation to a matter arising under this agreement is still not resolved in the workplace after all agreed steps have been followed, it shall be referred to the Australian Industrial Relations Commission (“the AIRC”), to conciliate and arbitrate and whose decision, subject to the rights of the parties, will be accepted by the parties.
4. The parties agree that a mandatory cooling off period of 48 hours shall apply at each stage of the procedure whilst the parties are attempting to resolve the matter.
5. Until the matter is resolved by the parties or determined by the AIRC, except in the case of a genuine safety issue, work shall continue normally in accordance with normal custom or at the direction of the Company.
6. No party will be prejudiced as to the final outcome of the matter by the continuance of work in accordance with this clause
7. Any party may refer the matter to the AIRC at any stage.
SETTLEMENT OF DISPUTES PROCEDURE. Resolving a
SETTLEMENT OF DISPUTES PROCEDURE. 11.1 In the event of a dispute arising in the workplace about matters arising under this Agreement or in relation to the National Employment Standards, the procedure to resolve the matter will be as set out in this clause. At all stages of this procedure, the Employee may elect to have a representative present.
11.2 The matter shall first be discussed by the aggrieved Employee with his/her Supervisor and/or Manager.
11.3 If not settled, the matter shall then be discussed by the aggrieved Employee with Management in the following order:
11.3.1 Two-up Manager
11.3.2 Three-up Manager
11.4 If still not resolved, the matter shall be discussed between the Employee Union delegate and an appropriate representative of the Company.
11.5 Should an issue remain unresolved, the appropriate Union official and representative of the Company will then become involved. This may involve senior Union officials and Company Management meeting as required to seek to resolve any dispute.
11.6 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission for mediation or conciliation.
11.7 If mediation or conciliation is not successful in resolving the dispute, and one or more parties request, the FWC may arbitrate the dispute and make a determination that is binding on the parties.
11.8 While the above procedure is being followed, work shall continue as normal, as instructed by the Company. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this clause.
11.9 Where a bona fide safety issue is involved, the Company and the appropriate safety authority must be notified concurrently or at least a bona fide attempt made to so notify that authority.
SETTLEMENT OF DISPUTES PROCEDURE. 15.1 In the event of a dispute in relation to a matter arising under this Agreement, or the National Employment Standards (except for a dispute related to a reasonable grounds for refusal of requests for flexible working arrangements or additional unpaid parental leave), 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.
15.2 A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute.
15.3 If a dispute in relation to a matter arising under this Agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred at first instance to Fair Work Australia (hereafter referred to as FWA) for resolution by conciliation.
15.4 Where the matter in dispute remains unresolved, the matter may be referred to arbitration by either party. If arbitration is sought, FWA may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
15.5 It is a term of this Agreement that while the dispute settlement procedure is being conducted work will continue normally unless an employee has a reasonable concern about an imminent risk to his or her health or safety. Subject to the concern re OHS, the employee must not unreasonably fail to comply with a direction by the employer to perform other work.
15.6 The decision of FWA will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench.
SETTLEMENT OF DISPUTES PROCEDURE. In relation to any matter that may be in dispute between the parties to this AWA (‘the matter’), the parties: • will attempt to resolve the matter at the workplace level., including, but not limited to:
(1) the employee and his or her supervisor meeting and conferring on the matter; and
(2) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and
