DISPUTE AVOIDANCE PROCEDURE Clause Samples

DISPUTE AVOIDANCE PROCEDURE. ▇▇.▇. ▇▇ the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by holding 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. 11.2. A party to the dispute may appoint another person, organization or association to accompany or represent them in relation to the dispute, at any time in this process. 11.3. If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (AIRC) for 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. Any resolution of a dispute following referral to the AIRC for either conciliation or arbitration will be in accordance with the National Code of Practice for the Construction Industry, the Implementation Guidelines for the Code and any legislative obligations. 11.4. It is a term of this agreement that while the dispute settlement procedure is being conducted work shall 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 Company to perform other available work, whether at the same enterprise or another enterprise, that is safe an appropriate for the employee to perform. 11.5. Any dispute referred to the AIRC under this clause should be dealt with by a member 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. 11.6. 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.
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DISPUTE AVOIDANCE PROCEDURE. Resolving a dispute at the workplace level
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DISPUTE AVOIDANCE PROCEDURE. The Parties to this Enterprise Agreement are committed to harmonious employee relations based on mutual trust, open communication and proactive consultation processes. Best endeavours will be used to resolve issues such as problems, questions, disputes, difficulties or concerns at all times and at the lowest possible level in the Company. i. Where an employee(s) has an issue, which has not been resolved in the normal course of business, they shall raise it with their Team Leader and both shall use their best endeavours to resolve it as quickly as possible. ii. Where an issue is directly relevant to a work area, it shall be discussed and every endeavour made to resolve it within the appropriate team. iii. Should the issue not be resolved as above within a sensible, mutually agreed timeframe, it shall be referred to and discussed with the Company’s Operations Manager. iv. If not resolved, any of the Parties may raise the issue with the Company’s Alliance Manager for resolution. v. If still unresolved, and without limiting the employee’s freedom of choice, the matter may be referred to the relevant Union, who will discuss the matter with the Company. vi. Before the issue is further escalated, the Company will ensure that its Management, and the Union will ensure that its local Union Official has been involved in the process. vii. If still unresolved, the matter may be referred to the Fair Work Australia under section 739 Dispute Notification, by either party, seeking resolution of the grievance via conciliation as a first step, or thereafter arbitration.
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DISPUTE AVOIDANCE PROCEDURE. 31.1 In relation to any matter that may be in dispute (“the matter”) except matters relating to the Actual or threatened termination of employment of the employee, the parties to the dispute: a) 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 b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and c) agree to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter; d) agree that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and acknowledge the right of either party to appoint in writing, another person to act on behalf of the party in relation to the alternative dispute resolution process; and e) agree that during the time when the parties attempt to resolve the matter: (1) the parties continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health or safety, and (2) subject to relevant provisions of any state or territory occupational health and safety law, unless the employee has a reasonable concern about an imminent risk to his or her health or 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, that is safe and appropriate for the employee to perform; and (3) The parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. 31.2 The parties to the dispute acknowledge that if they are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options resolving the dispute.
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DISPUTE AVOIDANCE PROCEDURE. 10.1 The objective of the dispute settlement procedure is as follows: 10.1.1 To promote resolution of disputes by measures based on consultation, co- operation and discussion; 10.1.2 To reduce the level of industrial confrontation; 10.1.3 To avoid interruption to the performance of work and the consequential loss of production and wages; and 10.1.4 To improve the quality of the work environment. 10.2 In the event of any employee having any dispute they shall discuss the matter with their immediate supervisor in a genuine endeavour to resolve it at this point in the process. 10.3 If the matter is not resolved at this level, the grievance shall be referred to the Manager. From this point on, an employee may request representation by their union. 10.4 If the dispute is not resolved any party to the dispute (and where requested by an employee or employees, the Union workplace representative or other representative) may refer it for conciliation and/or arbitration by the Australian Industrial Relations Commission (“the Commission”). 10.5 If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. 10.6 The parties to the dispute will abide by the decision of the Commission, subject to any party to the dispute exercising a right of appeal against the decision to a Full Bench of the Commission. 10.7 Until the matter is determined in accordance with the above procedure, work shall continue normally in accordance with established custom and practice. If the grievance is a safety issue, which creates a reasonable belief that there is an imminent threat to an employee’s health and safety, the employee may refuse to perform the work until the matter is resolved. Fonterra will attempt to have the employee relocated to a safe work area until the matter is resolved.
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DISPUTE AVOIDANCE PROCEDURE. This procedure will apply to any dispute arising under this Enterprise Agreement, the National Employment Standards, the General Protections Provisions of the Fair Work Act 2009 (Cth) or any matter that pertains to the relationship between the employer and an employee. STEP 1 - The Employee, and where requested the Union Delegate, shall raise the matter with the immediate manager for resolution. STEP 2 - If not resolved, the Employee, and where requested the Union Delegate, shall meet with the National Facilities Manager for resolution.
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DISPUTE AVOIDANCE PROCEDURE. 25.1 A procedure for the avoidance of industrial disputes shall apply in establishments covered by this Agreement. 25.2 The objectives of the procedure shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussions, to reduce the level of industrial confrontation, and to avoid interruption to the performance of work and the consequential loss of production and wages. 25.3 The following procedure shall apply: (i) Depending on the issues involved, the size and function of the plant or enterprise, and the union membership of the employees concerned, a procedure involving up to four stages of discussion shall apply. These are: • Discussions between the employee/s concerned, and at their request, the appropriate union delegate and their immediate supervisors. • Discussions involving the employee/s, delegate and more senior management. • Discussions involving a representative from the State branch of the Union concerned, and the relevant employer organisation. • Discussions involving a senior union official and the employer organisation. • There shall be an opportunity for any party to raise the issue to a higher stage. (ii) 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 that shall give rise to a grievance or dispute. (iii) Throughout all stages of the procedure, all relevant facts shall be clearly identified and recorded. (iv) Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to occur. (v) Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly (or individually) refer the matter to the Industrial Relations Commission of New South Wales for assistance in resolving the dispute. (vi) In order to allow for the peaceful resolution of grievances, the parties shall be committed to avoiding stoppages of work, lockouts or any other bans or limitations on the performance of work whilst the procedures of negotiations and conciliation are being followed. (vii) The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and are consistent with established custom and practice at the workplace.
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DISPUTE AVOIDANCE PROCEDURE. 10.1 It is a condition of employment and a fundamental requirement of this Agreement that all parties to this Agreement observe this Clause in its entirety. 10.2 On all occasions, any issue, grievance or dispute over any matter between the parties to this Agreement shall be settled in accordance with this procedure without resorting to industrial action. This shall apply whether the matter in dispute relates directly to site employment or not, or whether it relates to a matter dealt with by this Agreement or a relevant Agreement, or not. 10.3 In the event of any grievance or of any major changes in employment conditions or Agreement terms, or in the event of any dispute between the Company and its employees, the parties will consult together to reach settlement without loss of wages or production, provided always that work shall continue in the usual manner without bans and limitations on the performance of work whilst the steps below are followed: 10.3.1 The grievance or dispute shall, in the first instance, be pursued between the employee or employees concerned and the immediate supervisor and if required, another employee representative of their choice. 10.3.2 If the matter is not resolved, then discussion should be conducted with senior management and an employee representative of their choice. 10.3.3 If the matter is still not settled, then a conference shall be held between an employee representative of their choice, together with the CEO or his/her appointed nominee. 10.3.4 If the matter cannot be settled by a conference between the parties, the CEO and/or an employee representative of their choice may notify a dispute to the Australian Industrial Relations Commission which shall endeavour to resolve the issue between the parties by conciliation or by arbitration if necessary. 10.4 The parties are committed to achieve adherence to the above procedure. This shall be facilitated in the first instance 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. 10.5 Reasonable time limits shall be allowed for the completion of the various stages of the discussions, with seven (7) calendar days being allowed for stages 1) to 4) (inclusive) of the discussions to be finalised. 10.6 No party shall be prejudiced simply by the fact that work continued whilst the above process was being followed. The status quo that existed prior to the dispute shall apply. 10.7 This procedure shall not prev...
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Related to DISPUTE AVOIDANCE PROCEDURE

  • DISPUTE SETTLEMENT PROCEDURE 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 should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Dispute Settlement Procedures The objectives of this procedure is to promote the prompt resolution of grievances by consultation, co-operation and discussion; to reduce the level of disputation; and to promote efficiency, effectiveness and equity in the workplace. a) In relation to any matter that may be in dispute, except matters relating to the actual or threatened termination of your employment, the parties to the dispute must firstly attempt to resolve the dispute at the workplace level, by: i) you and your supervisor meeting and conferring on the matter; and if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and ii) acknowledging the right of either party to appoint, in writing, another person to act on their behalf in relation to resolving the matter at the workplace level; and iii) agreeing to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter; iv) agreeing that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and v) agreeing that during the time when the parties attempt to resolve the matter: - the parties continue to work in accordance with their contract of employment unless you have a reasonable concern about an imminent risk to your health or safety; and - subject to relevant provisions of any state or territory occupational health and safety law, you must not unreasonably fail to comply with a direction by us to perform work, whether at the same workplace or another workplace, that is safe and appropriate for you to perform; and - the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. b) The parties to the dispute acknowledge that if we are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options to resolve the dispute.

  • Dispute Procedure (1) Unless otherwise provided in the Council's Constitution or in this Collective Agreement, any dispute within the registered scope of the Council shall be resolved as set out below: (a) The General Secretary of the Council shall, after consultation with the Secretary of any relevant Regional Chamber, decide whether any dispute referred to the Council must be dealt with by the Council or the Regional Chamber. (b) The Council shall, from time to time, adopt, by resolution, guidelines for the General Secretary of the Council to follow in the allocation of such disputes. (c) When any dispute is allocated to a Regional Chamber in terms of this clause, then such Regional Chamber shall have the same rights, powers and obligations as the Council.

  • Dispute Resolution Mechanism a. Any dispute regarding the administration of the Institute at the Company or plant level shall be subject to expedited resolution by the Chairs of the Union and Company Negotiating Committees and the Executive Director of ICD who shall apply the policies, rules and regulations of the Governing Board and the provisions of this Section in ruling on any such dispute. Rulings of the Executive Director may be appealed to the Governing Board, but shall become and remain effective unless stayed or reversed by the Governing Board. b. Within sixty (60) days of the Effective Date, the parties will develop an expedited dispute resolution mechanism that resolves disputes within two (2) weeks.

  • Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. 5 5 Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. 6