Common use of Avoidance of Disputes Procedure Clause in Contracts

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. (1) In order to assist to achieve harmonious working relationships and maintain on-going service delivery by the Company, regular and ongoing consultation between the employees and the Company will be required to ensure co-operation is provided. (2) Employees are to be encouraged to contribute to this process with the view of ensuring that work is undertaken in the most safe and productive manner and the highest quality standards. (3) Subject to the provisions of this sub-clause, where any questions, disputes or difficulties arise between an employee or employees and the Company, the process below shall be followed in resolving the matter. The process shall not apply to any matters that are defined as prohibited content, however so defined or referred to in the Workplace Relations Act 1996 and Workplace Relations Regulations 2006 as amended from time to time. Provided, always, that work shall continue in the usual manner without loss of time or wages and without bans and limitations so as to allow the steps below to be followed: (a) This Clause sets out The employee or employees must first discuss any grievance with their foreperson or supervisor. (b) If the process matter is unable to be resolved, the employee or employees will discuss any grievance with the Company’s senior site representative, who shall attempt to resolve the matter. (c) In the event of such discussions not resolving the grievance, the employee or employees will meet with the Company’s senior management representative and participate in direct discussions in an attempt to resolve the matter. (d) For the purposes of sub-clauses (3)(a), (3)(b) and (3)(c), the employee or employees may appoint another person or organisation to accompany or represent the employee or employees in relation to the grievance. (e) Emphasis will be placed on an agreed settlement of the matter. However, if the grievance remains unresolved and all agreed steps for resolving industrial issues or disputes between the partiesgrievance have been taken and there have been genuine attempts to resolve the matter at the workplace, including disputes about matters arising under this Agreement and the National Employment Standards.following shall occur: (i) The objective person who has raised the grievance shall refer the dispute to the Australian Industrial Relations Commission under Division 5 of Part 13 of the Workplace Relations Act 1996 within forty eight (48) hours; (ii) If the grievance is not referred, any employee or the Company bound by the Agreement affected may refer the matter in dispute to the Australian Industrial Relations Commission; (iii) Either the employee or employees or the Company may authorise an organisation of their choice or another representative to refer the matter to the Australian Industrial Relations Commission and represent their interests before the Commission in any further proceedings. (iv) Any dispute referred to the Australian Industrial Commission under this clause shall be dealt with by a member as agreed by the parties at the time, or in default of agreement, a member nominated by either the head of the relevant panel or the President (f) The Australian Industrial Relations Commission, in dealing with the grievance, may exercise the following roles and powers: (i) The Commission must first attempt to resolve the grievance by mediation or conciliation. For that purpose: In attempting to resolve the grievance, the Commission shall confer with the parties informally to agree on procedural matters, including the manner in which each side will present its case, confidentiality requirements, representation, timing, location and duration of proceedings and any other matters about the Commission’s role in respect to establishing procedures to resolve the grievance. In attempting to resolve the grievance, the Commission may help the parties identify and define the matters in dispute and help the parties develop a procedure is for resolving the dispute quickly and in a way that avoids unnecessary technicalities and legal forms. The parties agree that, during mediation or conciliation, the Commission may, if requested and agreed to promote by both parties, discuss the matters in dispute privately with any of the parties to the dispute or their representatives. The Commission shall keep confidential the content of any such discussions and shall not convey the content of such discussions unless specifically authorised to do so by the party concerned. The Commission may, if after the preceding steps have been followed and the grievance has not been resolved, and if the parties agree, make suggestions as to what would constitute a reasonable resolution to the dispute or any part thereof and provide, within a reasonable timeframe, a written statement of industrial issues by way of consultation, co-operation and discussionsuch suggestions to the parties. (ii) When an issue arises, If mediation or is considered likely conciliation fails to ariseresolve the grievance, the following steps are to be followed. If it is not practicable for Steps 1 and 2 to be completed because of Commission may arbitrate the serious nature of the dispute either of the parties may proceed directly to Step 3 of the dispute settlement procedurematter. Step 1 The matter shall be discussed as soon as possible between (iii) Provided the employee/s the subject of the grievance agree in writing that the decision of the Commission will bind them; each of the parties, including the employer and their Team Leader. If the matter remains unresolved follow Step 2union agree that the decision of the Commission will bind all the parties; subject to any party exercising a right of appeal against the decision to a Full Bench of the Commission (iv) Where the grievance is arbitrated, the Commission may exercise the powers contained in section 111 (1) Division 4 (sub-division B) of Part 3 of the Workplace Relations Act 1996. Step 2 The matter (4) Where any grievance arises, this procedure shall be discussed between the employee/sfollowed and work shall continue normally, 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 unless 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 an imminent risk to their health or safety. Where such a concern does arise, the employee or employees shall perform other work as directed by the Company where such a risk is not present. (5) The Company or its representative will make themselves available upon the request of the employee or his or her health representative so as to quickly deal with the grievance. However, all parties need to understand that the process of discussion and consultation takes time. (6) Any outcome reached by the parties, or safetyrecommendation, decisions or determinations arising from Commission proceedings cannot be inconsistent with the National Code of Practice for the Building and Construction Industry (the Code) and/or Australian Guidelines for the Code, or inconsistent with Legislative provisions. Additionally, any recommendation, decision or determinations arising from the Commission must not change the intent and/or the benefits contained within the Agreement.