Common use of Steps in Procedure Clause in Contracts

Steps in Procedure. (a) In the event of any dispute arising as to the interpretation or application of this agreement, or any matter arising in the course of employment, the following procedure will apply. Except where a bona fide health and safety issue is involved, the parties shall ensure the continuation of work and customary work practices. (b) Where a bona fide health and safety issue exists, an employee shall not work in an unsafe environment but, where appropriate, shall accept reassignment to alternative suitable work/work environment in the meantime. (c) The objectives of the procedure shall be to promote the resolution of disputes, or matters that may give rise to an industrial dispute, by measures based on consultation, co-operation and discussion; to minimise the level of industrial confrontation, and to avoid interruption to the performance of work and the consequential loss to services and wages. (d) A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute. (e) Depending on the issues involved, a procedure involving up to three stages of discussion shall apply. These are: (i) Discussions between the employee/s concerned and at the employee’s request their nominated representative, and the immediate supervisors. (ii) Discussions involving the employee/s and at the employee’s request their nominated representative and the next level of management. (iii) Discussions involving the employee/s and at the employees request their nominated representative and the management representative. (f) There shall be an opportunity for any party to raise the issue to a higher stage. (g) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute. (h) Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded. (i) Sensible time limits shall be allowed for the completion of the various stages of the discussions. Where practicable, each step outlined in (e) shall not exceed 7 working days. (j) In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. (k) It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not, in relation to the wages and conditions of employees. (l) The decision of the AIRC will bind the parties.

Steps in Procedure. (a) In the event of any dispute arising as to the interpretation or application of this agreement, or any matter arising in the course of employment, the following procedure will apply. Except where a bona fide health and safety issue is involved, the parties shall ensure the continuation of work and customary work practices. (b) Where a bona fide health and safety issue exists, an employee shall not work in an unsafe environment but, where appropriate, shall accept reassignment to alternative suitable work/work environment in the meantime. (c) The objectives of the procedure shall be to promote the resolution of disputes, or matters that may give rise to an industrial dispute, by measures based on consultation, co-operation and discussion; to minimise the level of industrial confrontation, and to avoid interruption to the performance of work and the consequential loss to services and wages. (d) A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute. (e) Depending on the issues involved, a procedure involving up to three stages of discussion shall apply. These are: (i) Discussions between the employee/s concerned and at the employee’s request their nominated representative, and the immediate supervisors. (ii) Discussions involving the employee/s and at the employee’s request their nominated representative and the next level of management. (iii) Discussions involving the employee/s and at the employees employee's request their nominated representative and the management representative. (f) There shall be an opportunity for any party to raise the issue to a higher stage. (g) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute. (h) Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded. (i) Sensible time limits shall be allowed for the completion of the various stages of the discussions. Where practicable, each step outlined in (e) shall not exceed 7 working days. (j) In the event that the preceding steps have failed to resolve the dispute, either party to this Agreement may refer the dispute to the Australian Industrial Relations Commission (AIRC) pursuant to section 709 of the Act for expeditious resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. (k) It is the intention of the parties that in fulfilment of this clause, the AIRC shall exercise the functions and powers normally associated with private arbitration. Accordingly, the parties expressly confer upon the AIRC, the full range of conciliation and arbitration powers necessary to resolve the matter or matters in dispute, whether arising out of the agreement or not, in relation to the wages and conditions of employees. (l) The decision of the AIRC will bind the parties.