Avoidance of Disputes Procedure Sample Clauses
The Avoidance of Disputes Procedure clause establishes a structured process for parties to address and resolve disagreements before they escalate into formal disputes or litigation. Typically, this involves steps such as negotiation between representatives, escalation to higher management, or mediation by a neutral third party. By providing a clear framework for early resolution, the clause helps prevent costly and time-consuming legal proceedings, fostering cooperation and minimizing disruption to ongoing business relationships.
Avoidance of Disputes Procedure. To ensure the orderly conduct of and speedy resolution of disagreements, disputes or occupational health and safety concerns, the following Resolution Procedure shall apply. The object of the procedure is to promote the resolution of issues and disagreements through consultation, co-operation and discussion between employees and their respective supervisors. This procedure is based upon the recognition and development of the relationship between supervisors and their employees. The procedure is designed to resolve any disagreement, dispute or occupational health and safety concerns in a fair manner and is based upon the following principles:
a) Commitment by the parties to observe the procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or concern which may give rise to a disagreement or dispute.
b) Throughout all stages of the procedure, all relevant facts shall be clearly identified and recorded where necessary.
c) Realistic time limits shall allow for the completion of the various stages of the discussions.
d) Emphasis shall be placed on an in-house settlement of issues bought about through consultation. However, if in-house consultation and negotiation is exhausted without resolution of the disagreement or dispute, the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the dispute.
e) While the parties attempt to resolve the matter work will continue as normal.
Avoidance of Disputes Procedure. To ensure the orderly conduct of and speedy resolution of disagreements, disputes or occupational health and safety concerns the following Resolution procedure shall apply. The object of the procedure is to promote the resolution of issues and disagreements through consultation, co-operation and discussion between employees (or employee representative) and their respective supervisors. This procedure is based upon the recognition and development of the relationship between supervisors and their employees. The procedure is designed to resolve any disagreement, dispute or occupational health and safety concerns in a fair manner and is based upon the following principles.
(a) Commitment by the parties to observe procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or concern which may give rise to a disagreement or dispute.
(b) Throughout all stages of this procedure, all relevant facts shall be clearly identified and recorded where necessary.
(c) Realistic time limits shall allow for the completion of the various stages of the discussions.
(d) Emphasis shall be placed on an in-house settlement of issues brought about through consultation. However, if in-house consultation and negotiation is exhausted without resolution of the disagreement or dispute, the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the dispute. Resolution Procedure Stage One The employee with the issue or concern will discuss the matter with the employee’s immediate supervisor. The supervisor will set aside time to hear the issue of concern in a private discussion with the employee, the employee’s union representative and/or a third party observer, and after consideration (3 working days maximum) provide a comprehensive answer to the employee. The issue or concern and the answer provided by the supervisor shall be recorded. Stage Two In the event that the matter is still not being resolved it will be referred to the Production Manager or his/her representative who will convene a meeting with all the people previously involved in the matter to reconsider the issue or concern and the answers given thus far. All relevant facts shall be clearly recorded. The same procedure as set out in Stage One will be adopted with all relevant facts being clearly recorded. Stage Three If no negotiated settlement can be achieved and the process is exhausted without the...
Avoidance of Disputes Procedure. 18.1 Where possible issues in dispute or grievances will be resolved between employees and management at the premises of the Company.
18.2 When required, the union delegate and appropriate company representative will assist in the resolving of the dispute.
18.3 Should issues remain unresolved, the appropriate Union official and company representative will then become involved.
18.4 If the matter still cannot be resolved the matter may be referred to the NSW Industrial Relations Commission by either party, for determination. Such determination will be accepted by the parties to this Agreement.
18.5 Without prejudice to either party, work shall continue in accordance with this Agreement while the matters in dispute are being dealt with and the status quo will prevail.
Avoidance of Disputes Procedure a) This Clause sets out the process for resolving industrial issues or disputes between the parties, including disputes about matters arising under this Agreement and the National Employment Standards.
(i) The objective of this procedure is to promote the resolution of industrial issues by way of consultation, co-operation and discussion.
(ii) When an issue arises, or is considered likely to arise, the following steps are to be followed. If it is not practicable for Steps 1 and 2 to be completed because of the serious nature of the dispute either of the parties may proceed directly to Step 3 of the dispute settlement procedure.
Step 1 The matter shall be discussed as soon as possible between the employee/s and their Team Leader. If the matter remains unresolved follow Step 2.
Step 2 The matter shall be discussed between the employee/s, a union delegate if so requested and the Team Leader involved. The Company shall advise the employee/s that union representation is available if required. If the matter remains unresolved, follow Step 3.
Step 3 The employee/s shall refer the matter to the Departmental Manager who will endeavour to resolve the matter within 24 hours. If the matter remains unresolved Step 4 must be followed.
Step 4 This step will involve a full review of the factual circumstances surrounding the issue with both the relevant union official and the employee being given an opportunity to put the issue to the Operations Director. The Company will make a decision and relay this decision to the employee and union official within 48 hours.
b) If the four step procedure is exhausted without the issue being resolved the matter may be referred, by either party to the Fair Work Australia (FWA), who will proceed in accordance with the provisions of clause 11.1 below.
c) Until the matter is determined, work will continue to be performed in accordance with current work practices without prejudice to the final outcome of the dispute settlement procedure unless the employee has a reasonable concern about imminent risk to his or her health or safety.
Avoidance of Disputes Procedure. To ensure the orderly conduct of and speedy resolution of disagreements, disputes or occupational health and safety concerns, the following Resolution Procedure shall apply. The object of the procedure is to promote the resolution of issues and disagreements through consultation, co-operation and discussion between employees (or employee representative) and their respective supervisors. It shall be the sole choice of an employee as to whether or not they are represented during this procedure, and if so by whom. This procedure is based upon the recognition and development of the relationship between supervisors and their employees. The procedure is designed to resolve any disagreement, dispute or occupational health and safety concerns in a fair manner and is based upon the following principles:
(a) Commitment by the parties to observe procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or concern which may give rise to a disagreement or dispute.
(b) Throughout all stages of this procedure, all relevant facts shall be clearly identified and recorded where necessary.
(a) Realistic time limits shall allow for the completion of the various stages of the discussions.
Avoidance of Disputes Procedure. (i) Any dispute arising out of employment shall be referred by the delegate to the company representative appointed for this purpose.
(ii) Failing settlement at this level between UMA and the delegate on the job, the delegate may refer the dispute within a reasonable time to the union organiser who will take the matter up with UMA. All efforts shall be made by UMA and the union organiser to settle the matter but failing settlement the union organiser shall refer the dispute to UMA’s association and the union secretary shall take the matter up with the employers association.
(iii) During the discussions, the status quo shall remain, and the work shall proceed normally. Status quo shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute.
(iv) At any time, either party shall have the right to notify the dispute to the Industrial ▇▇▇▇▇▇▇▇▇.
Avoidance of Disputes Procedure. 20.1 This clause governs disputes over the application of this Agreement or the NES.
20.2 At all times throughout the application of this clause, the involvement of the Union in each step may occur as a representative of the Employee(s), upon the request of any Employee affected by or involved in the issue. All references to Union involvement in this clause should be understood in that context.
20.3 The Union and the Company undertake to take all necessary steps to ensure that branches, officers, members, executives and the Company staff follow the procedure as set out herein, the intention being that any or all disputes shall be promptly resolved by conciliation in good faith.
20.4 It is recognised by the Parties that this clause 19 requires that any matter must first be raised by the Employee or their delegate or representative at the job level with the Employee’s immediate manager prior to referral to the Union or other Company management. No matter shall be processed in accordance with this procedure unless it has firstly been genuinely addressed at site level and thereafter remains unresolved.
20.5 The Company and the Employee(s) shall notify each other as soon as possible of any industrial matter which, in the opinion of that party, might give rise to an industrial dispute. This shall include consultation prior to the introduction of a new method of work or new technology.
Avoidance of Disputes Procedure. It is agreed that the following procedure is designed to resolve grievances and disputes by the parties. All parties will observe this procedure and make every effort to complete steps (a), (b), and
Avoidance of Disputes Procedure. 7.1. The procedures in Schedule 1 will apply to any dispute or claim about matters arising over the application of the Agreement.
7.2. Those procedures require that any matter in dispute must firstly be raised by an employee, or at the employee’s request by his / her representative, at job level with his / her manager prior to escalation through the procedure. No matter will be processed in accordance with the procedures unless it has firstly been genuinely addressed at site level and thereafter still remains unresolved.
Avoidance of Disputes Procedure. Disciplinary Procedures