Common use of DISPUTE AVOIDANCE PROCEDURE Clause in Contracts

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.

DISPUTE AVOIDANCE PROCEDURE. ▇▇.▇33.1. ▇▇ Any dispute or claim as to the event wages or conditions of a dispute in relation to a matter arising under employment of any of the employees covered by this agreement, Agreement shall be settled in the following manner: 33.2. In the first instance instance, the parties will attempt to resolve the matter in dispute at the workplace by holding discussions between the employee or employees employee(s) concerned and the relevant supervisor and, if team leader. i. If such discussions do not resolve the matter in dispute, by the parties will arrange further discussions between the employee or employees concerned and involving more senior levels of management as appropriate. 11.2. A party to From this stage onwards, the dispute employee may appoint another personperson to represent them, organization including a representative of the union. ii. If the matter in dispute remains unresolved, the employee or association appointed representative may refer it to accompany a more senior level of management including National Operations Manager or represent them in relation National HR Manager iii. If the matter has still not been resolved either party may refer it to the dispute, at any time in this processAustralian Industrial Relations Commission (AIRC) for conciliation. 11.3iv. If a the matter in dispute in relation to a matter arising under the agreement is unable to be resolved at the workplaceresolved, and all agreed steps for resolving it have been taken, either party may refer the dispute may be referred to the Australian Industrial Relations Commission (AIRC) for resolution Company’s Director of HR. v. The matter will be subject to a full review by mediation and/or conciliation andthe Director of HR, where allowing sufficient time and access to the parties involved in the dispute and all relevant information. vi. Once the Director of HR has formally responded to the matter, due consideration by the parties will then be given before any further steps are taken. vii. If, after steps 33.2.v. and ▇▇.▇.▇▇. have been taken, the matter in dispute remains unresolvedis still unable to be resolved, either party may then proceed to arbitration. viii. If arbitration Arbitration is necessary, necessary the AIRC may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions in line with the Act 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. 11.6ix. The decision of the AIRC Commission will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. It is a term of this agreement that while the dispute resolution procedure is being conducted, work shall continue as normal before the dispute arose, unless an employee has a reasonable concern about an imminent risk to his or her health or safety.