DISPUTES SETTLEMENT PROCEDURE. 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached) or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure.
9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure.
9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance.
9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner:
(a) The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer.
(b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative.
(c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer.
(d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review.
9.5 This procedure shall be followed in good faith without unreasonable delay.
9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC.
9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Reg...
DISPUTES SETTLEMENT PROCEDURE. It is the intention of the parties that the amount of lost time due to industrial disputes and grievances is kept to a minimum. Where the parties are bound by the VBIA or site agreement that prescribes a Disputes Settlement procedure, it shall be used for all purposes of this agreement. In all other circumstances the procedure outlined in Appendix 2 shall apply.
DISPUTES SETTLEMENT PROCEDURE. In relation to any matter that may be in dispute between the parties to this Agreement, the parties:
(1) Will attempt to resolve the matter at the workplace level, including for example: • The employee and his or her supervisor meeting and conferring on the matter; • if the matter is not resolved at the meeting, the parties arranging further discussions involving more senior levels of management.
(2) Acknowledge the right of either party to appoint another person to act for the party in relation to resolving the matter at the workplace level.
(3) Agree to allow either party to refer the matter to mediation or the Australian Industrial Relations Commission if the matter can not be resolved at the workplace level.
(4) Agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith.
(5) Acknowledge the right of either party to appoint, in writing, another person to act for the party in relation to the mediation process.
(6) agree that while the parties attempt to resolve the matter: • The parties continue to work in accordance with normal work practices unless the employee has a reasonable concern about an imminent risk to his or her health or safety. • Even if the employee has a reasonable concern about an imminent risk to his or her health and safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work whether at the same workplace or another workplace, which is safe and appropriate for the employee to perform. • The parties must co-operate to ensure the dispute resolution procedure is carried out as quickly as is reasonably possible.
DISPUTES SETTLEMENT PROCEDURE. It is the intention of the parties that all disputes arising out of the interpretation or application of this Agreement shall be dealt with at the local level to the maximum extent possible. There will not be any stoppage of work by employees whilst the procedure contained herein is being followed. Any outcome determined from the dispute resolution procedure cannot be inconsistent with the National Code of Practice for the Construction Industry, associated guidelines or other legislative obligations. Therefore, parties will not be bound by any decisions, recommendations or rulings of the Australian Industrial Relations Commission that are inconsistent with legislative obligations, the Code and the Guidelines to the Code.
DISPUTES SETTLEMENT PROCEDURE. The parties agree to be bound by the procedure to resolve disputes set out at Appendix 3.
DISPUTES SETTLEMENT PROCEDURE. 6.1 It is the intention of the parties that all disputes arising out of the interpretation or application of this Agreement shall be dealt with at the local level to the maximum extent possible.
DISPUTES SETTLEMENT PROCEDURE. 8.1 It is the intention of the parties that the amount of lost time due to industrial disputes and grievances is kept to a minimum.
8.2 The parties agree to be bound by the procedure outlined in clause 15.
8.3 The company will allow full access to its employees during meal times and before and after normal working hours to accredited third party arbitrators as required.
DISPUTES SETTLEMENT PROCEDURE. It is the intent of all Parties to utilise the Disputes Settlement Procedure specified in the table below to: confer and identify the facts, and resolve the issue wherever possible Step 1 Employee and Shift Coordinator/Supervisor
DISPUTES SETTLEMENT PROCEDURE. The dispute settlement procedure in Clause 7 shall apply to any disputes affecting the Committee
DISPUTES SETTLEMENT PROCEDURE. It is the intention of the parties that all disputes arising out of the interpretation or application of this Agreement shall be dealt with at the local level to the maximum extent possible. There will not be any stoppage of work by Employees whilst the procedure contained herein is being followed.
