Common use of Dispute Resolution Procedure Clause in Contracts

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 10 contracts

Sources: Employee Collective Agreement, Employee Collective Agreement, Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated Any outcome in settlement of determined by a dispute by third party shall not be inconsistent with the Australian Industrial Relations Commission must be consistent with Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry and the Implementation GuidelinesImprovement Act 2005.

Appears in 7 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (ia) In the event of a dispute in relation to a matter arising under this Agreement, in the first instance the parties affected employee(s) will genuinely attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and with the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee or Employees concerned and with more senior levels of management as appropriate. (iib) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (ivc) If a dispute in relation to a matter arising under this agreement the Agreement is unable to be resolved at the workplace, and all agreed steps (i) and (iii) has for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) for resolution by mediation or conciliationand/or conciliation and, where the matter in dispute remains unresolved, arbitration. 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. (vd) Any dispute referred to the Commission 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. (e) The decision of the Commission will be accepted by and will bind the parties, subject to either party exercising any right of appeal that the Act may afford. (f) The decision of the Commission shall be in writing and accompanied by written reasons, unless it is agreed between the parties that reasons are not so required. (g) Nothing in this clause shall prevent both parties agreeing to independent arbitration instead of referring the matter to the Australian Industrial Relations Commission for arbitration. The composition of the Independent Arbitration Panel will be agreed by both parties. Where this option is utilised, the outcome of the Independent Arbitration Panel shall be accepted by and bind both parties. The decision of the Independent Arbitration Panel shall be in writing and accompanied by written reasons, unless it is agreed between the parties that reasons are not so required. (h) It is a term of this agreement Agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Dispute Resolution Procedure. The parties are committed An Employee or Employees with a concern or dispute will first meet and confer with their immediate supervisor. An Employee or Employees may appoint another person or Union representative to minimising support or represent them at any stage of discussions and/or the amount of lost-time grievance procedure to resolve the concern or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperationdispute. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of If the WorkCover Authority. Accordingly, the following procedures will be followed matter is not resolved at all times: (i) In the first instance such a meeting the parties will genuinely attempt to resolve the matter at the workplace by arrange further 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 involving more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) . If the matter remains unresolved at stage (i) unresolved, the Employee(s) Company may refer it to a more senior level of management or representative. In the event there is no agreement to refer the matter to their appointed representative who will discuss a more senior level, or if it with Senior Management. (iv) If is agreed that such a dispute in relation to a matter arising under this agreement is unable to be resolved at reference would not resolve the workplace, and steps (i) and (iii) has been takenmatter, the dispute may be referred parties, or their representatives, shall jointly or individually refer the matter to the Australian Industrial Relations Commission (AIRC) for resolution assistance in resolving the matter by mediation and / or conciliation. (v) It conciliation and where the matter in dispute remains unresolved, arbitration. If arbitration is a term of this agreement that while necessary the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk AIRC may exercise such procedural powers in relation to his or her health or safetyhearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject decision of the disputeAIRC will bind the parties, and Employees in that area will be relocated subject to other areas/siteseither party exercising a right of appeal against the decision to a Full Bench. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute Any decision by the Australian Industrial Relations Commission must AIRC shall not be consistent inconsistent with the National Code of Practice for the Building and Construction Industry and the Australian Government Implementation GuidelinesGuidelines for the National Code of Practice for the Construction Industry Reissued June 2006. In order to facilitate the resolution of concerns or disputes: a) The party with the concern or dispute must notify the other party at the earliest opportunity of the problem; b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible. d) It is agreed between the parties that in the settlement of a dispute where it is identified that the Company is in minor / technical default with Award, Agreement or statutory obligations (e.g. under payment or non-payment of entitlements) there will be no stoppage of work whilst the breach is under investigation. e) Nothing in this Clause shall affect any individual Employee’s legal rights and/or remedies.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Agreement, Collective Bargaining Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation organization or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this the agreement is unable to be resolved at the workplace, and all agreed steps (i) and (iii) has for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliationand/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. Because the employer needs to be compliant with the Building Code and guidelines, possible outcomes of any arbitration are limited to those that comply with the Building Code and guidelines. (viv) It is a term of this agreement that while the dispute resolution settlement procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply Subject to the concern re OHS, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform. (v) 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 event of a safety issue. In such an event, normal work will continue in areas other than the area subject head of the disputerelevant panel or the President. (vi) The decision of the AIRC will bind the parties, and Employees in that area will be relocated subject to other areas/sites. Training or other appropriate activities may be undertaken until either party exercising a right of appeal against the matter is resolved. No Employee will be allowed decision to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation GuidelinesFull Bench.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation organization or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this the agreement is unable to be resolved at the workplace, and all agreed steps (i) and (iii) has for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliationand/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. (viv) It is a term of this agreement that while the dispute resolution settlement procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply Subject to the concern re OHS, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform. (v) 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 event of a safety issue. In such an event, normal work will continue in areas other than the area subject head of the disputerelevant panel or the President. (vi) The decision of the AIRC will bind the parties, and Employees in that area will be relocated subject to other areas/sites. Training or other appropriate activities may be undertaken until either party exercising a right of appeal against the matter is resolved. No Employee will be allowed decision to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation GuidelinesFull Bench.

Appears in 3 contracts

Sources: Collective Agreement, Collective Maintenance Agreement, Collective Agreement

Dispute Resolution Procedure. 10.1. A dispute or grievance arises where an Employee on the one hand or the Employer on the other are aggrieved by a decision or action, or a failure to make a decision or act in relation to matters that arise out of, or are reasonably incidental to, matters covered by this Agreement. 10.2. The parties are committed Employee has the right to minimising seek advice from and be represented by the amount industrial organisation entitled to represent his or her interests at all stages of lost-time this procedure. 10.3. Any claim or production arising out dispute which arises shall, where possible, be settled by discussion between the Employee and the immediate supervisor. The supervisor shall inform the Employer of disputes or grievances, the existence of this dispute who may then advise and to resolving any disputes by consultation and cooperationrepresent the supervisor. 10.4. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation should use their best endeavours to ensure the continuation of work as normal. This includes the maintenance of the pre-existing status quo or association to accompany or represent them in relation to establishment of a mutually acceptable holding position pending the resolution of the dispute. (iii) 10.5. If the matter remains unresolved at stage (i) the Employee(s) may refer the matter unresolved, either party shall have access to their appointed representative who will discuss it with Senior Managementa dispute settlement committee within seven days unless otherwise agreed. 10.6. The dispute settlement committee shall be a committee of the Institute Board and shall consist of: • two nominees of the Institute Board; and • two nominees of the employee (ivexcluding family members or legal practitioners) If a one of whom may be an officer of the industrial organisation entitled to represent the interests of the employee. 10.7. The dispute settlement committee shall determine its own procedures for the purpose of considering the dispute but shall be required to report to the Institute Board within five working days of being established. 10.8. On receiving the report from the dispute settlement committee, the Institute Board shall indicate in relation writing whether the recommendations of the dispute settlement committee have been accepted or not. This decision shall be communicated in writing to a matter arising under the dispute settlement committee and the parties to the dispute within ten working days of receiving the report from the dispute settlement committee. 10.9. A dispute subject to this agreement is unable to clause shall be resolved at where the workplace, and steps (i) and (iii) has been taken, parties to the dispute reach agreement which is approved by the Institute Board. 10.10. If unresolved, either party may be referred to notify the Australian Industrial Relations Commission. The Commission for resolution by mediation or conciliationmay use powers of conciliation and arbitration to resolve the issue/s in dispute. (v) It is a term of this agreement that while the dispute resolution 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 safety10.11. The procedures outlined above procedures will do not apply in the event of to a bona fide health and safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 3 contracts

Sources: Multi Business Agreement, Multi Business Agreement, Multi Business Agreement

Dispute Resolution Procedure. The parties are committed 7.1. A major objective of this Agreement is to minimising the amount of lost-eliminate lost time or and/or production arising out of disputes or grievances, and . 7.2. This dispute resolution procedure applies to resolving any disputes by consultation and cooperationabout a matter under this Agreement or a dispute in relation to the NES. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures This procedure will be followed at by all times:relevant parties in good faith, in a timely manner and without unreasonable delay. (i) 7.3. In the first instance the parties will genuinely must attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor and, if supervisor. 7.4. If such discussions do not resolve the dispute, by discussions between the Employee or Employees concerned and matter will be referred to more senior levels of management as appropriate. (ii) A 7.5. If the dispute is still not resolved, either party may refer the dispute to the FWC. 7.6. If after conciliation in the FWC the matter remains unresolved, the FWC can arbitrate the dispute. In doing so, the FWC can use all the dispute settling powers available to it under the Fair Work Act 2009 (Cth) (FW Act). 7.7. The Employer or an Employee may appoint another person, organisation organisation, or association to accompany or and/or represent them in relation to at any stage of the disputedisputes process. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while 7.8. While the dispute resolution procedure is being conducted conducted, work shall must continue normally unless without interruption from industrial stoppages, bans and/or limitations. 7.9. Subject to applicable occupational health and safety legislation, an Employee has must not unreasonably fail to comply with a reasonable concern about an imminent risk direction by the Employer to his perform work, whether at the same or her health or safetyanother workplace, which is safe and appropriate for the Employee to perform. 7.10. The above procedures will apply in the event outcome of a safety issue. In such an event, normal work will continue in areas other than the area subject of the any dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in including an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute determined by the Australian Industrial Relations Commission must FWC, will not be consistent with the National Code of Practice for the inconsistent with: (a) any other applicable State and Territory Building and Construction Industry Codes of Practice and the Implementation Guidelines; and (b) any other applicable legislation. 7.11. If any party to a particular dispute 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 refer the matter to the FWC.

Appears in 3 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 3 contracts

Sources: Employee Collective Agreement, Employee Collective Agreement, Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time 32.1 Any dispute, claim or production controversy arising out of or in connection with this Agreement or any document agreed or contemplated as being agreed pursuant to the Agreement (unless the relevant document or agreement expressly provides otherwise) (a “Dispute”) or the breach, termination or invalidity hereof, whether any such disputes are contractual or grievancesnon-contractual in nature, and shall be resolved in accordance with this article. 32.2 The Parties shall use all reasonable efforts to resolving amicably resolve any disputes by consultation and cooperationdispute. The parties commit themselves to: • Resolving Parties shall, at a minimum, use the following procedure in the event a dispute arises with respect to any disputes without recourse aspect of this Agreement. Upon written notification by one Party to industrial action; and • Accepting decisions the other that a dispute exists, working level managers of the WorkCover Authority. Accordinglyrespective Parties shall attempt in good faith to work out a resolution within thirty (30) calendar days following the day of written notification of a dispute. 32.3 If an Agreement cannot be reached by the end of such period, the following procedures will be followed Parties shall prepare a document containing information that is designed to assist resolution of the dispute containing what has been agreed and what remains in dispute between them. No later than ten (10) Business Days thereafter, or at all times: (i) In some other time as mutually agreed by the first instance Parties, representatives of the parties will genuinely Parties at CEO level shall meet to further attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor and, if such discussions do not to agree on a course of action to resolve the disputematter. Such course of action may include use of formal dispute resolution processes, by discussions between the Employee including but not limited to non-binding mediation or Employees concerned and more senior levels of management as appropriatebinding or non- binding arbitration. 32.4 In the event that the Parties are unable to resolve the matter or agree on a course of action at this executive level within thirty (ii30) A calendar days after it has been referred under article 32, the matter will be settled by final and binding arbitration under the rules of CEPANI by one or more arbitrators appointed in accordance with said rules. The arbitration will take place in Brussels, Belgium. The language of the arbitration will be English. The foregoing is however without prejudice to the right of any of the Parties to seek specific performance (including through summary proceedings) in case of a breach by the other Party or Parties of any obligations binding upon them pursuant to this Agreement. 32.5 This article does not exclude the right of any Party to ask for interim relief before any court having jurisdiction. 32.6 Any dispute relating to or concerning the Agreement shall be governed by and construed exclusively in accordance with the laws of Belgium. 32.7 The provisions set forth in this article 32 are without any prejudice to the rights of any party to invoke the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while reconciliation procedure and/or the dispute resolution procedure is being conducted work shall continue normally unless an Employee has set forth in respectively the Royal Decree of 5 May 2006 on a reasonable concern about an imminent risk conciliation procedure for the Belgian Institute for Postal Services and Telecommunications, and the Royal Decree of 26 January 2018 laying down the dispute resolution procedure referred to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject Article 4 of the dispute, Act of 17 January 2003 on the legal remedies and Employees in that area will be relocated dispute resolution procedures further to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition Act on the status of this Agreement that any mediated, conciliated or arbitrated outcome in settlement the regulator of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building Belgian postal and Construction Industry and the Implementation Guidelinestelecommunications sectors.

Appears in 2 contracts

Sources: Master Services Agreement, Master Services Agreement

Dispute Resolution Procedure. The parties are committed 56.1 Where a dispute arises, or is considered likely to minimising arise, regarding the amount interpretation, application or operation of lost-time any provision of this Agreement or production the National Employment Standards, the procedures contained in this clause will be followed. 56.2 At any stage in the procedure under this clause a staff member may be represented in accordance with Clause 52 of this Agreement, provided that representation by a lawyer in proceedings under Clause 56.6 and 56.7 will be subject to the applicable rules of the Tribunal to which the dispute has been referred. 56.3 A dispute arising out of disputes or grievances, under this clause will in the first instance be discussed by the staff member(s) and their supervisor in an effort to resolving any disputes by consultation and cooperationresolve the matter promptly. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions staff member(s) may seek the assistance of the WorkCover Authorityrelevant Union or other support person (being a staff member) in which case the supervisor may also have a support person. 56.4 Where the steps in Clause 56.3 are unsuccessful, or where the Union raises a dispute, a representative of the relevant Union(s) and a representative of the University will discuss the dispute and attempt to reach an agreement. AccordinglyWhere the parties agree, the following procedures dispute resolution may proceed directly to the Disputes Committee in Clause 56.5. 56.5 Where the dispute is not resolved under Clause 56.4, at the request of either party a Disputes Committee will be followed at all timesconvened within five (5) working days, unless agreed otherwise. The Disputes Committee will consist of two (2) nominees of the University and two (2) nominees of the Union. 56.6 If there is no resolution of the dispute the matter may be referred to the Fair Work Commission, or to a person who is a member of the Industrial Relations Commission of New South Wales in accordance with S146B of the New South Wales Industrial Relations Act. In dealing with the dispute the relevant body may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make such dealing effective. 56.7 Should the Fair Work Commission or the Industrial Relations Commission of New South Wales proceed with the matter, it will then: (i) In the first instance the parties will genuinely attempt seek to resolve the matter at the workplace by discussions between the Employee or Employees concerned facilitate a fair and the relevant supervisor and, if such discussions do not resolve reasonable conclusion to the dispute, as promptly as possible, via mediation and/or conciliation of the matter in dispute. If these options are unsuccessful, the Fair Work Commission or the Industrial Relations Commission may arbitrate the matter. The parties to the dispute may be represented by discussions between the Employee or Employees concerned and more senior levels a person(s) of management as appropriate.their choice; (ii) A make a recommendation to the parties to the dispute or, if the matter is arbitrated, make a determination. The parties to the dispute will consider any recommendation made. Any determination made will be binding on the parties, subject to a party to the dispute may appoint another personexercising a right of appeal under the Fair Work Act. 56.8 This dispute resolution procedure does not apply where the matter is being dealt with in accordance with the Inquiry Officer – Clause 54 or Committee of Inquiry – Clause 55 process. 56.9 Until the procedures in this clause have been exhausted, organisation work will continue and no industrial action or association any other action likely to accompany or represent them in relation exacerbate the dispute will be taken by any party to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 2 contracts

Sources: Academic Staff Enterprise Agreement, Academic Staff Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 2 contracts

Sources: Employee Collective Agreement, Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time ‌ 31.1 Any dispute, claim or production controversy arising out of or in connection with this Agreement or any document agreed or contemplated as being agreed pursuant to the Agreement (unless the relevant document or agreement expressly provides otherwise) (a “Dispute”) or the breach, termination or invalidity hereof, whether any such disputes are contractual or grievancesnon-contractual in nature, and shall be resolved in accordance with this article. 31.2 The Parties shall use all reasonable efforts to resolving amicably resolve any disputes by consultation and cooperationdispute. The parties commit themselves to: • Resolving Parties shall, at a minimum, use the following procedure in the event a dispute arises with respect to any disputes without recourse aspect of this Agreement. Upon written notification by one Party to industrial action; and • Accepting decisions the other that a dispute exists, working level managers of the WorkCover Authority. Accordinglyrespective Parties shall attempt in good faith to work out a resolution within thirty (30) calendar days following the day of written notification of a dispute. 31.3 If an Agreement cannot be reached by the end of such period, the following procedures will be followed Parties shall prepare a document containing information that is designed to assist resolution of the dispute containing what has been agreed and what remains in dispute between them. No later than ten (10) Business Days thereafter, or at all times: (i) In some other time as mutually agreed by the first instance Parties, representatives of the parties will genuinely Parties at CEO level shall meet to further attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor and, if such discussions do not to agree on a course of action to resolve the disputematter. Such course of action may include use of formal dispute resolution processes, by discussions between the Employee including but not limited to non-binding mediation or Employees concerned and more senior levels of management as appropriatebinding or non- binding arbitration. 31.4 In the event that the Parties are unable to resolve the matter or agree on a course of action at this executive level within thirty (ii30) A calendar days after it has been referred under article 31, the matter will be settled by final and binding arbitration under the rules of CEPANI by one or more arbitrators appointed in accordance with said rules. The arbitration will take place in Brussels, Belgium. The language of the arbitration will be English. The foregoing is however without prejudice to the right of any of the Parties to seek specific performance (including through summary proceedings) in case of a breach by the other Party or Parties of any obligations binding upon them pursuant to this Agreement. 31.5 This article does not exclude the right of any Party to ask for interim relief before any court having jurisdiction. 31.6 Any dispute relating to or concerning the Agreement shall be governed by and construed exclusively in accordance with the laws of Belgium. 31.7 The provisions set forth in this article 31 are without any prejudice to the rights of any party to invoke the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while reconciliation procedure and/or the dispute resolution procedure is being conducted work shall continue normally unless an Employee has set forth in respectively the Royal Decree of 5 May 2006 on a reasonable concern about an imminent risk conciliation procedure for the Belgian Institute for Postal Services and Telecommunications, and the Royal Decree of 26 January 2018 laying down the dispute resolution procedure referred to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject Article 4 of the dispute, Act of 17 January 2003 on the legal remedies and Employees in that area will be relocated dispute resolution procedures further to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition Act on the status of this Agreement that any mediated, conciliated or arbitrated outcome in settlement the regulator of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building Belgian postal and Construction Industry and the Implementation Guidelinestelecommunications sectors.

Appears in 2 contracts

Sources: Master Services Agreement, Master Services Agreement

Dispute Resolution Procedure. The parties are committed An Employee or Employees with a concern or dispute will first meet and confer with their immediate supervisor. An Employee or Employees may appoint another person or Union representative to minimising support or represent them at any stage of discussions and/or the amount of lost-time grievance procedure to resolve the concern or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperationdispute. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of If the WorkCover Authority. Accordingly, the following procedures will be followed matter is not resolved at all times: (i) In the first instance such a meeting the parties will genuinely attempt to resolve the matter at the workplace by arrange further 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 involving more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) . If the matter remains unresolved at stage (i) unresolved, the Employee(s) Company may refer it to a more senior level of management or representative. In the event there is no agreement to refer the matter to their appointed representative who will discuss a more senior level, or if it with Senior Management. (iv) If is agreed that such a dispute in relation to a matter arising under this agreement is unable to be resolved at reference would not resolve the workplace, and steps (i) and (iii) has been takenmatter, the dispute may be referred parties, or their representatives, shall jointly or individually refer the matter to the Australian Industrial Relations Commission (AIRC) for resolution assistance in resolving the matter by mediation and / or conciliation. (v) It conciliation and where the matter in dispute remains unresolved, arbitration. If arbitration is a term of this agreement that while necessary the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk AIRC may exercise such procedural powers in relation to his or her health or safetyhearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject decision of the disputeAIRC will bind the parties, and Employees in that area will be relocated subject to other areas/siteseither party exercising a right of appeal against the decision to a Full Bench. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute Any decision by the Australian Industrial Relations Commission must AIRC shall not be consistent inconsistent with the National Code of Practice for the Building and Construction Industry and the Australian Government Implementation GuidelinesGuidelines for the National Code of Practice for the Construction Industry Reissued June 2006. In order to facilitate the resolution of concerns or disputes: a) The party with the concern or dispute must notify the other party at the earliest opportunity of the problem; b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded; c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible. d) It is agreed between the parties that in the settlement of a dispute where it is identified that the Company is in minor / technical default with Award, Agreement or statutory obligations (e.g. under payment or non-payment of entitlements) there will be no stoppage of work whilst the breach is under investigation. e) If the Company is identified as paying ‘all in’ it will pay the ‘all in’ rate being paid to all Employees plus all conditions of this Agreement for job duration. f) Nothing in this Clause shall affect any individual Employee’s legal rights and/or remedies.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement Agreement is unable to be resolved at the workplace, and steps (i) and (iii) has have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement Agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area that is the subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must cannot be consistent inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry and the Implementation GuidelinesImprovement Act 2005.

Appears in 2 contracts

Sources: Cottage/Housing Industry Agreement, Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated Any outcome in settlement of determined by a dispute by third party shall not be inconsistent with the Australian Industrial Relations Commission must be consistent with Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry and the Implementation GuidelinesImprovement Act 2005.

Appears in 2 contracts

Sources: Employee Collective Agreement, Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves 9.1 If a dispute relates to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (ia) a matter arising under the agreement; or (b) the National Employment Standards; this term sets out procedures to settle the dispute. 9.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 9.3 In the first instance instance, the parties will genuinely attempt to the dispute must try to resolve the matter dispute at the workplace level, by discussions between the Employee employee or Employees concerned employees and relevant supervisors and/or management. 9.4 If discussions at the relevant supervisor and, if such discussions workplace level do not resolve the dispute, by discussions between the Employee or Employees concerned and more senior levels of management as appropriate. (ii) A a party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Managementthe Fair Work Commission. (iv) If a 9.5 The Fair Work Commission may deal with the dispute in relation 2 stages: (a) The Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a matter arising under this agreement recommendation; and (b) if the Fair Work Commission is unable to be resolved resolve the dispute at the workplacefirst stage, and steps Fair Work Commission may then: (i) and arbitrate the dispute; and (iiiii) has been takenmake a determination that is binding on the parties. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. 9.6 While the parties are trying to resolve the dispute may be referred to using the Australian Industrial Relations Commission for resolution by mediation or conciliation.procedures in this term: (va) It is a term of this agreement that while the dispute resolution procedure is being conducted an employee must continue to perform his or her work shall continue as he or she would normally unless an Employee he or she has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of ; and (b) an employee must comply with a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute direction given by the Australian Industrial Relations Commission must employer to perform other available work at the same workplace, or at another workplace, unless: (i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be consistent performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the National Code of Practice for direction. 9.7 The parties to the Building and Construction Industry and dispute agree to be bound by a decision made by the Implementation GuidelinesFair Work Commission in accordance with this term.

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps step (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated Any outcome in settlement of determined by a dispute by third party shall not be inconsistent with the Australian Industrial Relations Commission must be consistent with Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry and the Implementation GuidelinesImprovement Act 2005.

Appears in 2 contracts

Sources: Collective Agreement, Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed 9.1 In the case of a dispute with regards to minimising the amount meaning and application of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordinglythis Agreement, the following procedures parties to the dispute will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by level, including, but not limited to, the employee/s meeting and conferring with their supervisor; and if the matter is not resolved at such a meeting, the parties to the dispute arranging further 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 involving more senior levels of management as appropriate. (ii) A 9.2 The parties acknowledge the right of either party to the dispute may appoint to appoint, in writing, another person, organisation or association person to accompany or represent them in relation assist the party to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to resolving the matter at the workplace level. 9.3 If a matter arising under this agreement dispute is unable to be resolved at the workplace, and all agreed steps (i) and (iii) has for resolution have been taken, a party to the dispute may refer the dispute for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. The matter may be referred to to: (a) the Australian Industrial Relations Commission for resolution (AIRC) (b) another person agreed by mediation or conciliationthe parties to the dispute. (v) It is a term of this agreement that while 9.4 In dealing with the dispute resolution procedure the AIRC or agreed person may exercise the procedural powers in relation to hearings, witnesses, evidence, interim decisions and submissions which are necessary to make such dealing effective. 9.5 The decision of the agreed person or the AIRC will bind the parties, subject to either party to the dispute exercising a right of appeal against an AIRC decision to a Full Bench. 9.6 The parties agree that during the time when the parties to the dispute attempt to resolve the matter the parties continue to work unless there 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. The above procedures will apply in . 9.7 Subject to relevant provisions of any Queensland Occupational Health and Safety law, the event of employee/s must not unreasonably fail to comply with a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute direction by the Australian Industrial Relations Commission must be consistent with Employer to perform work, whether at the National Code of Practice same workplace or another workplace, that is safe and appropriate for the Building and Construction Industry and work to be performed. 9.8 The parties to the Implementation Guidelinesdispute must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves ‌ (a) If a dispute relates to: • Resolving any disputes without recourse a matter arising under the agreement; or the National Employment Standards;‌ Any other employment related matter this clause sets out procedures to industrial action; and • Accepting decisions settle the dispute. (b) An employee who is a party to the dispute may appoint a representative for the purposes of the WorkCover Authority. Accordingly, the following procedures will be followed at all times:in this term. (ic) In the first instance instance, the parties will genuinely to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. (d) Once a dispute has been initiated, the parties shall meet and confer within 14 days in an attempt to resolve the matter dispute. (e) If discussions at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor and, if such discussions level do not resolve the dispute, by discussions between the Employee or Employees concerned and more senior levels of management as appropriate. (ii) A a party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior ManagementFair Work Commission. (ivf) If a The Fair Work Commission may deal with the dispute in relation 2 stages: the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a matter arising under this agreement recommendation; and if the Fair Work Commission is unable to be resolved resolve the dispute at the workplace, and steps (i) and (iii) has been takenfirst stage, the dispute Fair Work Commission may be referred to then: (1) arbitrate the Australian Industrial Relations Commission for resolution by mediation or conciliationdispute; and (2) make a determination that is binding on the parties. (vg) It A decision that the Fair Work Commission makes when arbitrating a dispute is a term decision for the purpose of this agreement that while Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. (h) While the parties are trying to resolve the dispute resolution procedure is being conducted using the procedures in this term: an employee must continue to perform his or her work shall continue as he or she would normally unless an Employee he or she has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of ; and an employee must comply with a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute direction given by the Australian Industrial Relations Commission must employer to perform other available work at the same workplace, or at another workplace, unless: (1) the work is not safe; or (applicable occupational health and safety legislation would not permit the work to be consistent performed; or (2) the work is not appropriate for the employee to perform; or (3) there are other reasonable grounds for the employee to refuse to comply with the National Code of Practice for direction. (i) The parties to the Building and Construction Industry and the Implementation Guidelinesdispute agree to be bound by a decision made by Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Support Staff Enterprise Agreement

Dispute Resolution Procedure. 4.1 The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will acknowledge that they must genuinely attempt to resolve the matter any dispute at the workplace by discussions level. 4.2 The matters to be dealt with in this procedure will include any grievance or dispute between the Employee or Employees concerned employees subject to this Agreement and the relevant employer. 4.3 The procedures in the event of a grievance or dispute shall be: (a) Whenever an employee has a grievance concerning their job, they should initially discuss it in person with their immediate 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 appropriateto seek a resolution. (iib) A If the grievance cannot be satisfactorily settled by the immediate supervisor, the employee and if requested, their representative and/or supervisor may present the grievance in person or in writing to the Tavern Manager who will arrange to discuss the grievance with the employee and/or supervisor concerned. (c) If a matter in dispute cannot be resolved at the workplace level, a party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliationand/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary, the Australian Industrial Relations Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. (vd) It Any dispute referred to the Australian Industrial Relations Commission under this clause should be dealt with by Commissioner ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ or, should he not be available within a reasonable time, a member from the Liquor and Accommodation Industry panel should be nominated by the President of the Australian Industrial Relations Commission. Any mediation and/or conciliation undertaken by the Australian Industrial Relations Commission should take place at the workplace. (e) The decision of the Australian Industrial Relations Commission following arbitration will bind the parties, subject to either party exercising a right of appeal against the decision to a full bench of the Australian Industrial Relations Commission. 4.4 An employee who is a term of this agreement that party to a dispute must, while the dispute resolution procedure is being conducted resolved: (a) continue to work shall continue normally in accordance with his or her contract of employment, unless an Employee the employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in ; and (b) comply with any reasonable direction given by the event of a safety issue. employer to perform other available work, either at the same workplace or at another workplace. 4.5 In such directing an eventemployee to perform other available work, normal work will continue in areas other than an employer must have regard to: (a) the area subject provisions of the dispute, Workplace Health and Employees in Safety Act 1995 (Qld) dealing with workplace health and safety that area will be relocated apply to the employee or that other areas/sites. Training or other work; and (b) whether that work is appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesemployee to perform.

Appears in 1 contract

Sources: Employer Greenfields Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission or a LEADR accredited mediator for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed objective of this procedure is to minimising achieve the amount of lost-time or production arising out resolution of disputes or grievancesgrievances through a process of discussion, negotiation and to consultation. Emphasis will be placed on resolving any disputes by consultation and cooperationissues at the lowest possible level. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions There shall be a commitment on the part of the WorkCover Authoritycompany and its employees to adhere to this procedure. Accordingly, One party will communicate to the following procedures other at the earliest opportunity any issue which may lead to a grievance or dispute. Discussions will be followed at all times: (itake place between the employee(s) In the first instance the parties will genuinely attempt involved and their immediate supervisor in an effort to resolve the matter. If no solution is found, the employee(s) involved may enlist the assistance of their employee representatives to take the matter at the workplace by 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. (ii) A party to the dispute next level of supervision or management. At any time after the initial discussions either party may appoint another person, organisation or association to accompany or represent them in relation seek the involvement of the Manufacturing Manager. If no resolution to the dispute. (iii) problem is found after discussions with the Manufacturing Manager, the employee representatives may seek the involvement and assistance of the Operations Manager. If no resolution to the matter problem is found after discussions with the Operations Manager, the employee representatives may seek the assistance of the Chief Executive Officer, Asia Pacific. Reasonable time for discussions should be allowed at each stage for a resolution to be achieved. The objective of this procedure is to be able to resolve issues at enterprise level. If, however, this is not possible and each of the steps above have been followed but the issue remains unresolved at stage (i) unresolved, the Employee(s) may parties will, jointly or individually, refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission (AIRC) for resolution. The company will consult with the employee representatives as to which Commissioner/ Member of the AIRC will hear the case. Such an appointment will be by mutual agreement. The resolution process is firstly by mediation or conciliation. (v) It is a term of this agreement that while and/or conciliation and, if the dispute resolution remains unresolved, the dispute will be resolved by arbitration. 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. The decision of the AIRC member will bind the parties, subject to either party exercising a right of appeal against the decision to a Full Bench. Without prejudice to either party, whilst the above procedure is being conducted followed, work shall continue normally unless an Employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesnormally. APPENDIX 1 CLASSIFICATION STRUCTURE (PRODUCTION AREAS)

Appears in 1 contract

Sources: Enterprise Agreement

Dispute Resolution Procedure. The parties are committed (a) Application of dispute resolution procedure This dispute resolution procedure applies to minimising the amount of lost-time or production following disputes: (i) matters arising out of disputes or grievances, and under the agreement; (ii) the National Employment Standards (NES) as they apply to resolving any disputes employees covered by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions the agreement (including ss.65(5) & 76(4) of the WorkCover Authority. AccordinglyFair Work Act 2009 which deal with requests for flexible working arrangements and extending periods of unpaid parental leave); and (iii) Any matter in relation to a potential breach of an employee's terms and conditions of employment, entitlements and workplace rights. (b) Procedure – Resolution within the following procedures will be followed at all times:workplace (i) In the first instance instance, the parties will genuinely attempt to resolve the matter dispute at the workplace by level. Where appropriate, this may involve discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if or manager. If such discussions do not resolve the dispute, the parties will endeavor to resolve the dispute in a timely manner by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) Any outcomes that are agreed upon at this stage must be put in writing to confirm the support of both the employee and employer. A review period may be agreed upon to measure the effectiveness of the agreed arrangements. (iii) A party to may refer the dispute to FWC to settle the dispute where: (A) the dispute cannot be resolved at the workplace level; or (B) the dispute is not being progressed in a timely manner; or (iv) there are aspects of the nature of the dispute which require the dispute to be dealt with urgently; or (v) the employer and the other party in dispute otherwise agree to refer the dispute. (c) FWC Power to Settle the Dispute – resolution outside the workplace. (i) FWC shall deal with a dispute by: (A) Mediation, conciliation; and/or (B) making a recommendation or expressing an opinion; and /or (C) if the dispute remains unresolved, using any of its powers (including arbitration and other powers under section 595(3) and 739(4) of the Act. (ii) Without limiting any powers available under the Fair Work Act 2009, FWC may appoint another person, organisation or association to accompany or represent them exercise the procedural powers in relation to conferences, hearings, evidence and submissions which are necessary to effectively settle the dispute. (iii) If the matter remains unresolved at stage Subject to subclause (id) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If below, a dispute in relation to a matter arising decision of FWC under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in bind the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesparties.

Appears in 1 contract

Sources: Union Collective Agreement

Dispute Resolution Procedure. The parties are committed In relation to minimising any matter that may be in dispute in relation to this agreement (‘the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordinglymatter’), the following procedures employee and the employer will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace level including, but not limited to, the process listed below. a) the employee may at any time seek to be represented by discussions between a nominated employee representative; and b) the Employee or Employees concerned employee and the relevant supervisor meeting and conferring on the matter; and c) if the matter is not resolved at such a meeting, if such further discussions do not resolve the dispute, by discussions between the Employee or Employees concerned and shall be arranged involving more senior levels of management (as appropriate.); and (iid) A agree to allow either party to refer the dispute may appoint another personmatter to mediation if the matter cannot be resolved at the workplace level. The mediation will be conducted by a person agreed to by the employer and the employee, organisation or association to accompany or represent them the employee representative. Where agreement cannot be reached in relation to the dispute. (iii) If nominated mediator the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission; and e) agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith; and f) where the issues are not resolved in the mediation process the employer and the employee/s acknowledge the right of either party to seek the assistance of the Department of Employment & Training in relation to dispute resolution processes available under the Act to assist in the resolution of the matter; and g) where the matters are not resolved at this level either party may contact the Industrial Registrar and seek the assistance of the Australian Industrial Relations Commission in the resolution of the matters in dispute in the first instance by conciliation and if conciliation is not successful then by arbitration. The outcome of any such conciliation or arbitration must be consistent with the Code and the Guidelines: and h) The Commission’s decision in the arbitration shall be in writing, providing reasons for resolution by mediation the decision and shall be binding on the parties to the dispute. Provided that such decision shall not be inconsistent with a provision of the agreement or conciliationhave the effect of varying an express provision of this agreement. (vi) It An appeal shall lie from the Commission’s decision pursuant to Section 120 of the Act as amended as if the decision was an award or order made by a member of the Commission. The decision of the Commission subject to appeal is stayed pending the determination of the appeal or until further order of a term of this agreement Full Bench. j) agree that while during the time when the parties to the dispute resolution procedure is being conducted attempt to resolve the matter and: i. continue to work shall continue normally in accordance with their training contract unless an Employee the employee has a reasonable concern about an imminent risk to his or her health or safety; and ii. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject to relevant provisions of the disputeWorkplace Health & Safety Act 1995 or any other State occupational health and safety law, even if 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 Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and employee to perform; and k) the Implementation Guidelinesparties to the dispute must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

Appears in 1 contract

Sources: Union Collective Workplace Agreement

Dispute Resolution Procedure. 12.1 A dispute or grievance arises where an Employee on the one hand or the Employer on the other are aggrieved by a decision or action, or a failure to make a decision or act in relation to matters that arise out of, or are reasonably incidental to, matters covered by this Agreement. 12.2 The parties are committed Employee has the right to minimising seek advice from and be represented by the amount of lost-time industrial organisation entitled to represent his or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed her interests at all times:stages of this procedure. (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace 12.3 Any claim or dispute which arises shall, where possible, be settled by discussions discussion between the Employee or Employees concerned and the relevant immediate supervisor. The supervisor and, if such discussions do not resolve shall inform the dispute, by discussions between Employer of the Employee or Employees concerned existence of this dispute who may then advise and more senior levels of management as appropriaterepresent the supervisor. (ii) A party 12.4 The parties to the dispute may appoint another person, organisation should use their best endeavours to ensure the continuation of work as normal. This includes the maintenance of the pre-existing status quo or association to accompany or represent them in relation to establishment of a mutually acceptable holding position pending the resolution of the dispute. (iii) 12.5 If the matter remains unresolved at stage (i) the Employee(s) may refer the matter unresolved, either party shall have access to their appointed representative who will discuss it with Senior Managementa dispute settlement committee within seven days unless otherwise agreed. 12.6 The dispute settlement committee shall be a committee of the Institute Board and shall consist of:  two nominees of the Institute Board; and  two nominees of the employee (ivexcluding family members or legal practitioners) If a one of whom may be an officer of the industrial organisation entitled to represent the interests of the employee 12.7 The dispute settlement committee shall determine its own procedures for the purpose of considering the dispute but shall be required to report to the Institute Board within five working days of being established. 12.8 On receiving the report from the dispute settlement committee, the Institute Board shall indicate in relation writing whether the recommendations of the dispute settlement committee have been accepted or not. This decision shall be communicated in writing to a matter arising under the dispute settlement committee and the parties to the dispute within ten working days of receiving the report from the dispute settlement committee. 12.9 A dispute subject to this agreement is unable to clause shall be resolved at where the workplace, and steps (i) and (iii) has been taken, parties to the dispute reach agreement which is approved by the Institute Board. 12.10 If unresolved, either party may be referred to notify the Australian Industrial Relations Commission. The Commission for resolution by mediation or conciliationmay use powers of conciliation and arbitration to resolve the issue/s in dispute. (v) It is 12.11 The procedures outlined above do not apply to a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk to his or her bona fide health or safety. The above procedures will apply in the event of a and safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Multi Business Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving resolving any disputes without recourse to industrial action; and • Accepting accepting the decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) : In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) . A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) . If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) . If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps step (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) . It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated Any outcome in settlement of determined by a dispute by third party shall not be inconsistent with the Australian Industrial Relations Commission must be consistent with Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Workplace Relations Act 1996 or the Building and Construction Industry and the Implementation GuidelinesImprovement Act 2005.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The parties 16.1 Union members are committed entitled to minimising be represented by their union at every stage of this process. Employees who are not union members may also choose to be represented. Each party shall recognise the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions other’s representative for all purposes involved with the resolution of the WorkCover Authority. Accordinglydispute. 16.2 If a dispute arises about this agreement, the following procedures will be followed at all times: NES (iincluding subsections 65(5) In or 76(4) of the first instance Act), Occupational Health and Safety, or about any other matter or legislation pertaining to the employment relationship, the parties will genuinely attempt to resolve the matter dispute in a timely manner by discussions at the workplace by in accordance with the following procedure: (a) Initially discussions will take place between the Employee employee or Employees concerned employees concerned, the Union delegate, 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 appropriaterepresentative. (iib) A If the dispute is in relation to work on a construction site and not resolved as a result of those discussions, either party may refer the dispute to the Victorian Building Industry Disputes Panel for further discussion. . (c) In the event that the dispute remains unresolved further discussions shall take place between an appropriate senior official of the union and management representative. 16.3 If the matter cannot be resolved by discussions in the workplace or at the Victorian Building Industry Disputes Panel, a party may refer the dispute to the Fair Work Commission for resolution by conciliation, or arbitration if necessary. 16.4 If a party is represented by a Union representative, or other representative, who is not present in the workplace, discussions in relation to the issue in dispute will not proceed until the Union representative, or other representative, is able to attend. 16.5 At any stage in the procedure either party or their representative may ask for, and be entitled to receive, a response from the other party or their chosen representative within 2 working days, if a response is not received the matter may be referred directly to the Fair Work Commission. 16.6 The Fair Work Commission may exercise such powers in relation to conciliation and arbitration as are necessary to make the conciliation or arbitration effective including all of the powers given to the Fair Work Commission by the Fair Work ▇▇▇ ▇▇▇▇. 16.7 The parties to the dispute may appoint another person, organisation or association to accompany or represent them and their representatives must act in good faith in relation to the dispute. (iii) If 16.8 While this dispute settlement procedure is being followed, except where a genuine occupational health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the subject matter remains unresolved at stage (i) of the Employee(s) may refer grievance or dispute occurring will not be altered. No party will be prejudiced as to the matter to their appointed representative who will discuss it final settlement by the continuance of work in accordance with Senior Managementthis clause. (iv) If a dispute 16.9 Each party will bear their own costs in relation to any proceedings which result from the application of this dispute resolution procedure. 16.10 No employee will lose any income as a matter result of being involved in attempts to resolve disputes under this procedure. Union delegates will be granted paid leave to attend any proceedings arising under this agreement is unable clause. 16.11 The decision of the Fair Work Commission in an arbitration under this procedure may be appealed to be resolved at a Full Bench of the workplace, and steps (i) and (iii) has been takenFair Work Commission. 16.12 Subject to a stay order or decision on Appeal, the dispute may be referred parties to the Australian Industrial Relations Commission for resolution dispute shall be bound by mediation or conciliation. (v) It is and must comply with a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject decision of the dispute, and Employees in that area will be relocated Fair Work Commission made pursuant to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesclause.

Appears in 1 contract

Sources: Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines. A party to the dispute has freedom of choice to appoint or nominate another person, association or organisation to accompany or represent them during any stage of a dispute.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. It is the objective of these procedures to ensure all grievances that are matters pertaining to the employment relationship are resolved promptly by discussion and consultation between the parties and that the principle of substantive and procedural fairness are maintained. The parties are committed to minimising the amount Agreement recognise that all employees covered by this agreement may have grievances which need to be resolved in the interest of lost-time or production maintaining a good working relationship between the parties. If an employee has a grievance arising out of disputes the application of this agreement he or grievances, and she had the option to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of seek resolution in the WorkCover Authority. Accordingly, the following procedures will be followed at all timesmanner outlined below: (ia) In the first instance the employee shall attempt to resolve the grievance with the immediate supervisor. The employee may request a shop ▇▇▇▇▇▇▇ or other representative to be present who be involved in the discussion. Parties will attempt to resolve the grievance in 3 working days. (b) If the grievance cannot be satisfactorily resolved with the immediate supervisor the grievance shall be referred to the State Manager and will be the subject of formal documentation on the Grievance Report form (see Attachment x). The parties will genuinely attempt to resolve the matter at the workplace by 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 appropriatein 5 working days. (iic) A party If the grievance remains unresolved after undertaking the steps in paragraph (a) and (b), the employee may then refer the matter for discussion between the employee, State Manager, Human Resources Manager and a shop ▇▇▇▇▇▇▇ or other representative of the employee if requested. The parties will attempt to resolve the dispute may appoint another person, organisation or association to accompany or represent them matter in relation to the disputea reasonable timeframe. (iiid) If the matter remains unresolved at stage (i) grievance still exists, it may, by agreement of the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may parties be referred to the Australian Industrial Relations Commission for conciliation only. (e) Conciliation will involve the Commission convening a conciliation conference between the parties, as far as practicable at a time, place and venue agreeable to the parties. (f) During conciliation the Commission will: (i) observe confidentiality about all aspects of the matter in dispute; (ii) help the parties to identify and define the issues in dispute; (iii) help the parties to develop a procedure which is aimed at achieving resolution by mediation or of the dispute quickly, fairly and cost-effectively; (iv) where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the issues in dispute quickly, fairly and cost-effectively; (v) act as the facilitator of direct negotiations between the parties; and (vi) upon reaching a view that no further conciliation is practical, the Commission must issue a certificate of completed conciliation. (vvii) It is a term further agreed that if the Commission is of this agreement the view that while once having completed the above process the matter in dispute resolution procedure is being conducted work shall continue normally unless remains unresolved, the Commission may express an Employee has opinion in writing to the parties as to what would constitute a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject resolution of the dispute, and Employees in or any part thereof, or else recommend any steps that area will be relocated might lead to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by parties resolving the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesdispute.

Appears in 1 contract

Sources: Union Collective Workplace Agreement

Dispute Resolution Procedure. The parties are committed aim of this procedure is to minimising ensure that the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperationdispute is settled as quickly as possible. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions During each stage of the WorkCover Authoritydispute resolution procedure the employee(s) may, if they choose, have another person(s), including a Union Delegate(s) and/or Union Official(s), represent or assist them in these discussions. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions event of a dispute between the Employee employer and an employee or Employees concerned and the relevant supervisor andemployees about any matters (other than disputes concerning safety) arising under this Agreement, if such discussions do not resolve the dispute, by discussions between the Employee or Employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been takenNES, the dispute shall be dealt with in the following manner: In the first instance, the dispute shall be taken up with the supervisor of the employee(s) involved; If the dispute cannot be resolved with the supervisor, the matter may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while relevant superintendent; If the dispute resolution procedure cannot be resolved with the relevant superintendent, the matter may be referred to the site senior manager; If the dispute cannot be resolved with the site senior manager, it shall be referred to a senior Company management representative and a senior employee representative; If the dispute cannot be resolved with the involvement of a senior Company management representative and the senior employee representative, the matter may be referred to the FWC by the Company or the employee(s) involved in the dispute for conciliation; If the dispute is not resolved by conciliation the dispute may be arbitrated subject to the normal rights of appeal. Whilst the above process is being conducted followed, work shall continue normally at the direction of the employer. The parties agree that disputes relating to safety, termination for misconduct and/or termination related to the normal down-▇▇▇▇▇▇▇ required by the completion of stages for the scope of work shall not be subject to this procedure. In exercising its functions in this dispute resolution clause, the FWC may exercise such procedural powers in relation to hearings, witnesses, evidence and submissions as are necessary to make the arbitration effective. Until the matter is determined, work will continue as per the pre dispute status quo in accordance with the employee’s contract and this Agreement without prejudice to the positions of the parties, unless an Employee the employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that has complied with any mediated, conciliated or arbitrated outcome in settlement of a dispute reasonable direction given by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation GuidelinesEmployer.

Appears in 1 contract

Sources: Electrical Maintenance Services Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves If a dispute relates to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (ia) In a matter arising under this agreement; (b) the National Employment Standards; or (c) an industrial matter; this clause sets out procedures to settle the dispute. An employee who is a party to the dispute may appoint a union or employee representative (collectively referred to as the Representatives') at any time for the purposes of the procedures in this clause. (a) in the first instance the parties employee/s and/or appointed representative concerned and their manager will genuinely attempt to resolve the matter dispute at the workplace by discussions between level. If the Employee or Employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by ; then (b) the employees concerned and/or appointed representative and the relevant manager once removed will attempt to resolve the dispute. If these discussions between do not resolve the Employee or Employees dispute; then (c) the employees concerned and/or appointed representative and more senior levels of management as appropriatethe manager twice removed will attempt to resolve the dispute. (iia) A act promptly and reasonably at all times; (b) on request, clearly identify the facts and issues relevant to the dispute in writing and provide this information to the other parties to the dispute within 7 working days of the request (or a longer period as agreed between the parties acting reasonably); and (c) allow up to seven working days for discussions to occur at each escalation point under clause 12.4 (or a longer period as is agreed between the parties acting reasonably). If discussions at the workplace level do not resolve the dispute or it is unreasonable for the steps in clause 12.5 to be completed because of the urgency of the dispute, a party to the dispute may appoint another personrefer the matter to the Fair Work Commission. The Fair Work Commission may deal with the dispute in 2 stages: (a) The Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, organisation including by mediation, conciliation, expressing an opinion or association making a recommendation; and (b) If the Fair Work Commission is unable to accompany or represent them in relation to resolve the dispute at the first stage, Fair Work Commission may then arbitrate the dispute. (iiic) The parties will abide by the Fair Work Commission arbitrated decision. Note: If the matter remains unresolved at stage (i) Fair Work Commission arbitrates the Employee(s) dispute, it may refer also use the matter powers that are available to their appointed representative who will discuss it with Senior Management.under the Act. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. While the parties are trying to resolve the dispute using the procedures in clause 12.4: (iva) If As per status quo, for a dispute period not exceeding 28 working days (or such other time as agreed in relation writing by the parties acting reasonably), work will continue in accordance with the arrangements that were in place immediately prior to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, change that caused the dispute may be referred being notified under clause 12.3; (b) subject to the Australian Industrial Relations Commission for resolution period described in (a) above, an employee must perform his or her work including work which is the subject of any management initiated change as he or she is instructed to do by mediation Yarra Trams unless he or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee she has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in ; and (c) an employee must comply with a direction given by ▇▇▇▇▇ ▇▇▇▇▇ to perform other available work which the event of a employee is competent to perform at the same workplace, or at another workplace, unless applicable occupational health and safety issue. In such an event, normal legislation would not permit the work will continue in areas other than the area subject of the dispute, and Employees in that area will to be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesperformed.

Appears in 1 contract

Sources: Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising In the amount event that any element of lost-time or production arising out this Agreement becomes the subject of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordinglydispute, the following procedures will be followed at all timesapply: (i) In Where staff members experience work-related problems, in the first instance the parties matter should be raised with their immediate supervisor who will genuinely attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor andproblem within a reasonable time, if such discussions do not resolve the dispute, by discussions between the Employee or Employees concerned and more senior levels of management as appropriateie within two (2) working days. (ii) A party If the matter cannot be resolved with the staff members’ supervisor, it is to be taken to the dispute supervisor’s manager who will seek resolution within two (2) working days, failing which the assistance of a more senior manager may appoint another person, organisation or association to accompany or represent them in relation to the disputebe sought. (iii) If the matter remains unresolved at stage has not been progressed to the satisfaction of the parties within six (i6) working days from the Employee(stime it was first raised with the supervisor, it is to be referred to the Regional or General Manager, or the Human Resources Manager for resolution within five (5) may refer the matter to their appointed representative who will discuss it with Senior Managementworking days. (iv) If a dispute During the period referred to in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps clauses (i) and to (iii) has been takeninclusive, the status quo will be maintained, normal work will continue and the Company will not implement the matters in dispute. “Status quo” means the circumstances existing immediately prior to the dispute. After completion of these steps, the Company may implement the matters in dispute without prejudice to the final resolution of the matter. (v) If the matter still remains unresolved, the matter may be referred to an agreed mediator, which could be the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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 safetyCommission’). The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject role of the dispute, and Employees mediator is limited to attempting to resolve the matter(s) in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposesdispute through mediation and/or conciliation. It is an overriding condition of this Agreement agreed that any mediatedoutcome determined by an agreed mediator, conciliated or arbitrated outcome in settlement of a dispute by such as the Australian Industrial Relations Commission AIRC, must not be consistent inconsistent with the National Code of Practice for the Building and Construction Industry and Industry Guidelines or inconsistent with legislative obligations (vi) It is agreed that these time limits may be varied, or waived, in whatever manner is necessary to aid dispute resolution. However, the Implementation Guidelinesimportance of all involved accepting responsibility for the issues within the agreed timeframes is also acknowledged. Nothing in this procedure will prevent any party from exercising its rights under the Commonwealth Workplace Relations Act 1996 (the ‘Act’) as amended from time to time; or prejudice the position of a party in a genuine health and safety situation. Nothing in this process prejudices the rights of any employee or the Company to seek assistance and/or representation at any point in the process.

Appears in 1 contract

Sources: Visionstream Employee Collective Agreement 2006

Dispute Resolution Procedure. The parties 16.1 Union members are committed entitled to minimising be represented by their union at every stage of this process. Employees who are not union members may also choose to be represented. Each party shall recognise the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions other’s representative for all purposes involved with the resolution of the WorkCover Authority. Accordinglydispute. 16.2 If a dispute arises about this agreement, the following procedures will be followed at all times: NES (iincluding subsections 65(5) In or 76(4) of the first instance Act), Occupational Health and Safety, or about any other matter or legislation pertaining to the employment relationship, the parties will genuinely attempt to resolve the matter dispute in a timely manner by discussions at the workplace by (held at a location where building work is not performed) in accordance with the following procedure: (a) Initially discussions will take place between the Employee employee, or Employees concerned employees concerned, their representatives (if any), 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 appropriaterepresentative. (iib) A party to If the dispute may appoint another person, organisation or association to accompany or represent them is in relation to work on a construction site and not resolved as a result of those discussions, either party may refer the disputedispute to the Victorian Building Industry Disputes Panel for further discussion. (iiic) In the event that the dispute remains unresolved further discussions shall take place between the employee or their representative (if any) and a management representative. 16.3 If the matter remains unresolved cannot be resolved by discussions in the workplace or at stage (i) the Employee(s) Victorian Building Industry Disputes Panel, a party may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Fair Work Commission for resolution by mediation conciliation, or conciliationarbitration if necessary. (v) It is a term 16.4 The resolution of any matter under this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk process (whether achieved by conciliation, arbitration, or other method agreed by the parties to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission ) must be consistent with the National Code of Practice for the Tendering and Performance of Building and Construction Industry Work 2016.‌ 16.5 If a party is represented by a Union representative, or other representative, who is not present in the workplace, discussions in relation to the issue in dispute will not proceed until the Union representative, or other representative, is able to attend and the Implementation Guidelinesdiscussions in dispute are held at a location where building work is not performed. 16.6 At any stage in the procedure either party or their representative may ask for, and be entitled to receive, a response from the other party or their chosen representative within 2 working days, if a response is not received the matter may be referred directly to the Fair Work Commission.‌ 16.7 The Fair Work Commission may exercise such powers in relation to conciliation and arbitration as are necessary to make the conciliation or arbitration effective including all of the powers given to the Fair Work Commission by the Fair Work Act 2009. 16.8 The parties to the dispute and their representatives must act in good faith in relation to the dispute.‌ 16.9 While this dispute settlement procedure is being followed, except where a genuine occupational health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the subject matter of the grievance or dispute occurring will not be altered. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this clause. 16.10 Each party will bear their own costs in relation to any proceedings which result from the application of this dispute resolution procedure.‌ 16.11 No employee will lose any income as a result of being involved in attempts to resolve disputes under this procedure. Union delegates will be granted paid leave to attend any proceedings arising under this clause. 16.12 The decision of the Fair Work Commission in an arbitration under this procedure may be appealed to a Full Bench of the Fair Work Commission. 16.13 Subject to a stay order or decision on Appeal, the parties to the dispute shall be bound by and must comply with a decision of the Fair Work Commission made pursuant to this clause.

Appears in 1 contract

Sources: Enterprise Agreement

Dispute Resolution Procedure. The parties are committed If there is a dispute about a matter arising from this Agreement or the National Employment Standards (except for additional unpaid parental leave) the following procedure for the resolution of the dispute shall apply. 7.1 Where a an individual employee, or group of employees, is in dispute with the Company, they have the right to minimising consult with and be represented by their union delegate, shop ▇▇▇▇▇▇▇ or a union official, or such other representative as is requested by each employee, at any stage of a dispute under this procedure in this clause. 7.2 In the amount event of lost-time a dispute in relation to a matter arising under this Agreement or production arising out the NES, which is between an individual employee, or group of disputes or grievancesemployees, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordinglyemployer, the following procedures will be followed at all times: (i) In in the first instance the parties employees and the Company will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to 7.3 In the event of a dispute may appoint another person, organisation or association to accompany or represent them in relation to a matter arising under this Agreement or the NES, which is between a union covered by this agreement, and the Company, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between a union representative concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between a union representative and more senior levels of management as appropriate. This union representative may be a delegate/shop ▇▇▇▇▇▇▇ or other official at any stage of the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) 7.4 If a dispute in relation to a matter arising under this agreement the Agreement or the NES is unable to be resolved at the workplace, and all agreed steps (i) and (iii) has for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission Fair Work Australia (“FWA”) for resolution by mediation or conciliationand/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary FWA may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. (v) 7.5 It is a term of this agreement Agreement that while the dispute resolution procedure is being conducted conducted, work and status quo shall continue normally (or as instructed by the Company giving reasonable consideration to each employee’s skills and competencies) unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves ‌ If a dispute relates to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) a matter arising under the agreement; or (ii) the National Employment Standards; or (iii) any other employment related matter this clause sets out procedures to settle the dispute. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. In the first instance instance, the parties will genuinely to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. Once a dispute has been initiated, the parties shall meet and confer within 14 days in an attempt to resolve the matter dispute. If discussions at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor and, if such discussions level do not resolve the dispute, by discussions between the Employee or Employees concerned and more senior levels of management as appropriate. (ii) A a party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If refer the matter remains unresolved at stage to Fair Work Commission. The Fair Work Commission may deal with the dispute in 2 stages: (i) the Employee(s) may refer Fair Work Commission will first attempt to resolve the matter to their appointed representative who will discuss dispute as it with Senior Management.considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (ivii) If a dispute in relation to a matter arising under this agreement if the Fair Work Commission is unable to be resolved resolve the dispute at the workplacefirst stage, and steps the Fair Work Commission may then: (1) arbitrate the dispute; and (2) make a determination that is binding on the parties. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. While the parties are trying to resolve the dispute using the procedures in this term: (i) and (iii) has been taken, the dispute may be referred an employee must continue to the Australian Industrial Relations Commission for resolution by mediation perform his or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted her work shall continue as he or she would normally unless an Employee he or she has a reasonable concern about an imminent risk to his or her health or safety; and (ii) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (1) the work is not safe; or (applicable occupational health and safety legislation would not permit the work to be performed; or (2) the work is not appropriate for the employee to perform; or (3) there are other reasonable grounds for the employee to refuse to comply with the direction. The above procedures will apply parties to the dispute agree to be bound by a decision made by Fair Work Commission in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of accordance with this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesclause.

Appears in 1 contract

Sources: Teachers’ Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation organization or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this the agreement is unable to be resolved at the workplace, and all agreed steps (i) and (iii) has for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliationand/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. (viv) It is a term of this agreement that while the dispute resolution settlement procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply Subject to the concern re OHS, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform. (v) 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 event of a safety issue. In such an event, normal work will continue in areas other than the area subject head of the disputerelevant panel or the President. (vi) The decision of the AIRC will bind the parties, and Employees subject to either party exercising a right of appeal against the decision to a Full Bench. (vii) For any dispute in that area will be relocated which the AIRC is unable or unwilling to other areas/sites. Training or other appropriate activities may be undertaken until become involved the matter is resolved. No Employee will be allowed parties agree to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by involve the Australian Industrial Relations Commission must be consistent with Disputes Centre within the National Code of Practice for the Building and Construction Industry and the Implementation GuidelinesVictorian Justice Department.

Appears in 1 contract

Sources: Collective Maintenance Agreement

Dispute Resolution Procedure. 2.1.1 Central to the achievement of consistency and continuity on the Company’s operations is the commitment of all parties to effective dispute and problem resolution through consultation, negotiation and conciliation. If there is a dispute between the parties over the application of any provision contained in the Agreement, the dispute resolution procedure set out in this clause shall apply. 2.1.2 It is an objective of the parties to ensure that individual grievances are resolved promptly by discussion and consultation between the parties and that the principles of substantive and procedural fairness are maintained. 2.1.3 The parties therefore commit to the principles contained within the Code of Conduct (Attachment 2) to support the Dispute Resolution Procedure and will support an active education and awareness program to ensure the process is understood and observed by all employees, staff and management. 2.1.4 All parties will follow the Dispute Resolution Procedure, which will address employee issues quickly and fairly without disruption to the Company’s operations. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, this Dispute Resolution Procedure and will work together to resolving any disputes by consultation and cooperation. ensure its effective application. 2.1.5 The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions the Agreement recognise that employees may have issues which need to be resolved in the interest of a good working relationship. An issue can be described as a real or perceived ground of complaint which caused uneasiness. 2.1.6 An employee has the WorkCover Authorityright for an issue to be heard through the levels of management. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely employee shall attempt to resolve the issue with the immediate Team Leader. The employee may nominate a representative to attend these discussions. As a general rule, resolution of the matter at will be achieved within 3 working days. ⮚ If the workplace by discussions between issue is unable to be resolved, 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. (ii) A party matter shall be referred to the dispute Manager, and will be the subject of formal documentation. The employee may appoint another person, organisation or association nominate a representative to accompany or represent them in relation to attend these discussions. Resolution of the dispute. (iii) matter will normally be resolved at this stage within 5 working days. ⮚ If the matter remains is still unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who it will discuss it with Senior Management. (iv) If a dispute in relation be referred to a matter arising under this agreement Senior Manager. The employee may nominate a representative to attend these discussions. ⮚ If the issue is unable to be resolved at the workplace, and all agreed steps (i) and (iii) has for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (“the Commission”) for resolution by mediation or conciliation. (v) It and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is a term of this agreement that while necessary, the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk Commission may exercise the procedural powers in relation to his or her health or safetyhearings, witnesses, evidence and submissions, which are necessary to make the arbitration effective. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject decision of the disputeCommission will bind the parties, and Employees subject to either party exercising a right of appeal against the decision to a Full Bench or otherwise in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent accordance with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelineslaw.

Appears in 1 contract

Sources: Ford Performance Vehicles Workplace Agreement 2006

Dispute Resolution Procedure. 4.1 The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will acknowledge that they must genuinely attempt to resolve the matter any dispute at the workplace by discussions level. 4.2 The matters to be dealt with in this procedure will include any grievance or dispute between the Employee or Employees concerned employees subject to this Agreement and the relevant employer. 4.3 The procedures in the event of a grievance or dispute shall be: (a) Whenever an employee has a grievance concerning their job, they should initially discuss it in person with their immediate 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 appropriateto seek a resolution. (iib) A If the grievance cannot be satisfactorily settled by the immediate supervisor, the employee and if requested, their representative and/or supervisor may present the grievance in person or in writing to the Hotel Manager who will arrange to discuss the grievance with the employee and/or supervisor concerned. (c) If a matter in dispute cannot be resolved at the workplace level, a party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliationand/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary, the Australian Industrial Relations Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. (vd) It Any dispute referred to the Australian Industrial Relations Commission under this clause should be dealt with by Senior Deputy President or, should he not be available within a reasonable time, a member from the Liquor and Accommodation Industry panel should be nominated by the President of the Australian Industrial Relations Commission. Any mediation and/or conciliation undertaken by the Australian Industrial Relations Commission should take place at the workplace. (e) The decision of the Australian Industrial Relations Commission following arbitration will bind the parties, subject to either party exercising a right of appeal against the decision to a full bench of the Australian Industrial Relations Commission. 4.4 An employee who is a term of this agreement that party to a dispute must, while the dispute resolution procedure is being conducted resolved: (a) continue to work shall continue normally in accordance with his or her contract of employment, unless an Employee the employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in ; and (b) comply with any reasonable direction given by the event of a safety issue. employer to perform other available work, either at the same workplace or at another workplace. 4.5 In such directing an eventemployee to perform other available work, normal work will continue in areas other than an employer must have regard to: (a) the area subject provisions of the dispute, Workplace Health and Employees in Safety Act 1995 (Qld) dealing with workplace health and safety that area will be relocated apply to the employee or that other areas/sites. Training or other work; and (b) whether that work is appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesemployee to perform.

Appears in 1 contract

Sources: Labour Hire Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement Agreement is unable to be resolved at the workplace, and steps (i) and (iii) has have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement Agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area that is the subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves If a dispute relates to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) A matter pertaining to the employment relationship; (ii) a matter arising under this Agreement; or (iii) the National Employment Standards; This term sets out procedures to settle the dispute; (a) The parties agree that regular discussions should take place in order to identify and alleviate any concerns that may lead to a dispute. (b) The parties agree that where a dispute arises, it should be settled wherever possible at the workplace. (c) At all stages in this procedure, an Employee may request representation, which includes Union representation. If such a request is made, that representation shall not be refused or prevented. (d) In the first instance the parties matter should be referred to the Employee’s immediate supervisor who will genuinely attempt to resolve discuss the matter at with the workplace by 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 appropriateemployee(s) concerned. (iie) A If agreement is not reached at this level the matter may be referred to the State General Manager, Director or relevant delegate who will convene a meeting with the Employee(s) concerned to further discuss the matter. (f) Unless otherwise agreed, Clauses 9 (b) – 9 (c) above are to be completed within 14 days of the dispute notification being received. (g) In the absence of agreement, party to the dispute may appoint another person, organisation or association to accompany or represent them in relation refer the matter to the disputeFWC for resolution by way of conciliation. (iiih) If the matter remains unresolved at stage (i) conciliation process with FWC fails to resolve the Employee(s) dispute either party may refer the matter to their appointed representative who will discuss it with Senior ManagementFWC for arbitration. (ivi) If In conciliating or arbitrating a dispute matter under this procedure, FWC may exercise such procedural and other powers in relation to a matter arising under this agreement is unable to be resolved at the workplaceconferences, hearings, witnesses, evidence, and steps (i) and (iii) has been taken, submissions as are necessary to make the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliationconciliation and/or arbitration effective. (vj) It is a term of this agreement that while Whilst the dispute resolution above procedure is being conducted affected the work shall should continue normally as normal, that is, the status quo that existed immediately prior to the events that gave rise to the dispute will remain, unless an Employee the employee has a reasonable concern about an imminent risk to his or her their health or safety. The above procedures will apply in and safety subject to the event of a safety issue. In such an event, normal work will continue in areas other than the area subject relevant provisions of the dispute, Work Health and Employees Safety Act 2012 and the Fair Work Act 2009 (Cth) (or any successor Act). (k) The parties to this Agreement agree to be legally bound by an arbitrated decision of FWC subject to either party having a right of appeal under the Act. (l) Any outcome determined by the FWC in that area will connection with a dispute where the work is covered by the Code for the Tendering and Performance of Building Work 2016 (the Code) cannot be relocated to other areas/sites. Training inconsistent with the Code. (m) Any outcome determined by the FWC in connection with a dispute cannot be inconsistent with relevant legislative obligations. (n) In circumstances where an employee is represented by a workplace delegate or other appropriate activities may employee support person to attend a hearing, the employer agrees to release the workplace delegate or other employee support person to represent the Employee at the hearing. Furthermore, the Employer agrees for the workplace delegate or other employee support person to be undertaken until paid for such attendance in order to represent the matter is resolved. No Employee will be allowed as if they were attending the workplace. (o) Each party to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that agrees to bear legal costs in subject to any mediated, conciliated or arbitrated outcome in settlement order of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation GuidelinesFair Work Commission.

Appears in 1 contract

Sources: Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising Parties agree that there shall be no industrial action during the amount period of lost-time or production arising out operation of disputes or grievances, and to resolving any disputes by consultation and cooperationthis agreement in accordance with the Workplace Relations Act 1996. The Parties agree to undertake all necessary steps to ensure that any grievance, dispute or matter likely to create a dispute will be dealt with promptly and resolved wherever possible by consultation, mediation or conciliation. In the case of a grievance and/or a dispute the Parties agree to implement and adhere to the following procedure:- 2.3.1 Resolving dispute at workplace level (Workplace Relations Act 1996 s695) 2.3.2 Where dispute cannot be resolved at workplace level (Workplace Relations Act 1996 s696) a) Alternative dispute resolution process using an agreed provider: i. If a matter in dispute cannot be resolved at the workplace level, a party to the dispute may elect to use an alternative dispute resolution process in an attempt to resolve the matter. ii. The alternative dispute resolution process is to be conducted by a person agreed between the parties commit themselves to: • Resolving any disputes without recourse in dispute on the matter. b) Where parties cannot agree on a provider i. If the parties cannot reach agreement on who is to industrial action; and • Accepting decisions conduct the alternative dispute resolution process, a party to the dispute on the matter may notify the Industrial Registrar of the WorkCover Authoritythat fact. ii. AccordinglyOn receiving notification under subsection (3), the following procedures will be followed at all times: (i) In the first instance Industrial Registrar must provide the parties will with the prescribed information. iii. If the parties cannot agree on who is to conduct the alternative dispute resolution process within the consideration period, a party to the dispute on the matter may apply to the Commission to have the alternative dispute resolution process conducted by the Commission. iv. If an alternative dispute resolution process is used to resolve a dispute on a matter, the parties to the dispute must genuinely attempt to resolve the matter at the workplace by 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 appropriatedispute using that process. (ii) A v. In this clause 2.3 consideration period is a period beginning on the last day on which the Industrial Registrar gives the prescribed information to a party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If on the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to ending 14 days later. Commission means the Australian Industrial Relations Commission for resolution by mediation or conciliation(AIRC). (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines. A. Wage Rates – Full Time Employees ECW1(c) ECW1(d) ECW2 ECW3 ECW4 ECW5 ECW6 ECW7 B. Wage Rates – Casual Employees ECW1(c) ECW1(d) ECW2 ECW3 ECW4 ECW5 ECW6 ECW7 APPENDIX II - Classification Structure Engineering Construction Worker 1(c) – ECW1(c) Engineering Construction Worker 1(d) – ECW1(d) Engineering Construction Worker 2 – ECW2 (a) successfully completed an Engineering Construction Industry Certificate Level 2 consisting of a total of twenty appropriate modules, or formally recognised equivalent accredited training so as to enable the employee to perform work within the scope of this level; or (b) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard. Engineering Construction Worker 3 – ECW3 (a) successfully completed an Engineering Construction Industry Certificate Level (b) obtained skills equivalent to the above gained through work experience subject to competency testing to the prescribed standard. Engineering Construction Worker 4 – ECW4 (a) Engineering Construction Tradesperson (electrical/electronic) Level II; or (b) Engineering Construction Tradesperson (mechanical) Level II; or (c) Engineering Construction Tradesperson (fabrication) Level II; who has completed the following training requirements:

Appears in 1 contract

Sources: Employer Greenfield Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission or to a LEADR accredited mediator for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The objective of the parties are committed in this procedure is to minimising avoid and settle disputes by direct consultation and negotiation and to avoid interruption to the amount performance of lost-time work and the consequential loss of production and remuneration. It is the intention of this procedure to resolve by direct consultation and negotiation between the parties any grievance, dispute, claim or production arising out problem on any industrial matter with the exception of disputes or grievancessafety issues (refer clause 34) The following four stage procedure shall be adhered to in resolving matters under this clause: a) Discussion shall take place between the employee/s concerned and, at his/her request, the appropriate employee's nominated representative, and to resolving any disputes by consultation the immediate supervisor/s. The immediate supervisor will act promptly and cooperationcooperatively. b) Discussions shall take place involving the employee/s, employee's nominated representative, and senior management; c) Discussion shall take place involving the employee's nominated representative, and nominated employer representatives; d) Discussions shall take place involving employee's nominated representative, and nominated employer senior representatives. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may during this process refer the matter in dispute to their appointed representative who will discuss it with Senior Management. (iv) an agreed independent person. If a dispute in relation to a matter arising under this agreement any outcome is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute determined by the Australian Industrial Relations Commission agreed independent person, it must not be consistent inconsistent with the National Code of Practice for the Building Construction Industry and the Implementation Guidelines or be inconsistent with legislative provisions. The earliest possible advice should be given by one party to the other of any issue or problem that may give rise to a grievance or dispute. Throughout each of the above stages of the procedures, all relevant facts shall be clearly identified and recorded and reasonable time limits allowed for the completion of the various stages of discussion. At least seven days should be allowed for all stages of the discussions to be finalised. The parties are committed to achieving negotiated settlements without work stoppages. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission for conciliation and assistance in resolving the dispute. In the event that conciliation is exhausted and is not successful a request to the Australian Industrial Commission (the Commission) for arbitration may be initiated by either party. The parties agree that in conducting an arbitration under this clause, the Commission is required to apply the National Code of Practice for the Construction Industry and the Implementation Guidelines, as well as legislation requirements. The parties agree that during the resolution of matters in accordance with this clause the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitations on the performance of work. The employer shall ensure that all practices applied during the operation of these procedures are in accordance with the Safeworking practices. Where a dispute exists and whilst that dispute remains unresolved and is being addressed through this procedure, the parties will return to the situation and arrangements that existed prior to the issue which caused the dispute, such that no party is prejudiced during the process to resolve the matter.

Appears in 1 contract

Sources: Union Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation organization or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this the agreement is unable to be resolved at the workplace, and all agreed steps (i) and (iii) has for resolving it have been taken, the dispute may be referred to the Australian Australia Industrial Relations Commission for resolution by mediation or conciliationand/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. (iv) 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. (v) 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. (vi) It is a term of this agreement that while the dispute resolution settlement procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safetysafety (OHS). The above procedures will apply in Subject to the event of concern re OHS, the employee must not unreasonably fail to comply with a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute direction by the Australian Industrial Relations Commission must be consistent with employer to perform other available work, whether at the National Code of Practice same enterprise or another enterprise, that is safe and appropriate for the Building and Construction Industry and the Implementation Guidelinesemployee to perform.

Appears in 1 contract

Sources: Employment Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves If a dispute relates to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) a matter arising under the agreement; or (ii) the National Employment Standards; or (iii) any other employment related matter this clause sets out procedures to settle the dispute. An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause. In the first instance instance, the parties will genuinely to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management. Once a dispute has been initiated, the parties shall meet and confer within 14 days in an attempt to resolve the matter dispute. If discussions at the workplace by discussions between the Employee or Employees concerned and the relevant supervisor and, if such discussions level do not resolve the dispute, by discussions between the Employee or Employees concerned and more senior levels of management as appropriate. (ii) A a party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If refer the matter remains unresolved at stage to Fair Work Commission. The Fair Work Commission may deal with the dispute in 2 stages: (i) the Employee(s) may refer Fair Work Commission will first attempt to resolve the matter to their appointed representative who will discuss dispute as it with Senior Management.considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (ivii) If a dispute in relation to a matter arising under this agreement if the Fair Work Commission is unable to be resolved resolve the dispute at the workplacefirst stage, and steps the Fair Work Commission may then: (1) arbitrate the dispute; and (2) make a determination that is binding on the parties. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision. While the parties are trying to resolve the dispute using the procedures in this term: (i) and (iii) has been taken, the dispute may be referred an employee must continue to the Australian Industrial Relations Commission for resolution by mediation perform his or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted her work shall continue as he or she would normally unless an Employee he or she has a reasonable concern about an imminent risk to his or her health or safety; and (ii) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (1) the work is not safe; or (applicable occupational health and safety legislation would not permit the work to be performed; or (2) the work is not appropriate for the employee to perform; or (3) there are other reasonable grounds for the employee to refuse to comply with the direction. The above procedures will apply parties to the dispute agree to be bound by a decision made by Fair Work Commission in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of accordance with this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesclause.

Appears in 1 contract

Sources: Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) Any dispute or grievance arising out of the implementation or operation of this Agreement will be referred to the Consultative Committee (if formed) in the first instance, which will try to resolve the issue(s). If the Committee cannot resolve the dispute in a reasonable time, it will be dealt with using the procedures below. (ii) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (iiiii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iiiiv) If the matter remains unresolved at stage (iii) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (ivv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iiiii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (vvi) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover AuthorityAuthority or the relevant authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement Agreement is unable to be resolved at the workplace, and steps (i) and (iii) has have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement Agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by 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. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps step (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Employee Collective Agreement

Dispute Resolution Procedure. The parties 14.1. Union members are committed entitled to minimising be represented by their Union at every stage of this process. Employees who are not Union members may also choose to be represented and any reference to the amount of lost-time or production arising out of disputes or grievancesUnion in this process shall be treated as a reference to the employee’s representative, and to resolving any disputes by consultation and cooperationif any. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions Each party shall recognise the other’s representative for all purposes involved with the resolution of the WorkCover Authoritydispute. 14.2. Accordingly, the following procedures will be followed at all times: (i) In the first instance If a dispute arises about any matters the parties will genuinely attempt to resolve the matter dispute in a timely manner by discussions at the workplace by in accordance with the following procedure: (a) Initially formal discussions will take place between the Employee employee, or Employees concerned employees concerned, the Union delegate, 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 appropriaterepresentative. (iib) A If the dispute is not resolved as a result of those discussions the matter shall be referred to the Union’s organiser and a more senior management representative for further discussion. (c) In the event that the dispute remains unresolved further discussions shall take place between an appropriate senior official of the Union and management representative. 14.3. If the matter cannot be resolved by discussions in the workplace a party may refer the dispute to the Fair Work Commission for resolution by conciliation, or arbitration if necessary. 14.4. If a party is represented by a Union representative, or other representative, who is not present in the workplace, discussions in relation to the issue in dispute will not proceed until the Union representative, or other representative, is able to attend. 14.5. At any stage in the procedure either party or their representative may ask for, and be entitled to receive, a response from the other party or their chosen representative within 2 working days, if a response is not received the matter may be referred directly to the Fair Work Commission. 14.6. The Fair Work Commission may exercise such powers in relation to conciliation and arbitration as are necessary to make the conciliation or arbitration effective including all of the powers given to the Fair Work Commission by the Act 2009. 14.7. The parties to the dispute may appoint another person, organisation or association to accompany or represent them and their representatives must act in good faith in relation to the dispute. (iii) If 14.8. While this dispute settlement procedure is being followed, except where a genuine work health and safety issue is involved, the status quo will remain. The existing situation, terms and conditions of work and work practices immediately prior to the subject matter remains unresolved at stage (i) of the Employee(s) may refer grievance or dispute occurring will not be altered. No party will be prejudiced as to the matter to their appointed representative who will discuss it final settlement by the continuance of work in accordance with Senior Managementthis clause. (iv) If a dispute 14.9. Each party will bear their own costs in relation to any proceedings which result from the application of this dispute resolution procedure. 14.10. No employee will lose any income as a matter result of being involved in attempts to resolve disputes under this procedure. Union delegates will be granted paid leave to attend any proceedings arising under this agreement is unable clause. 14.11. The decision of the Fair Work Commission in an arbitration under this procedure may be appealed to be resolved at a Full Bench of the workplace, and steps (i) and (iii) has been takenFair Work Commission. 14.12. Subject to a stay order or decision on Appeal, the dispute may be referred parties to the Australian Industrial Relations Commission for resolution dispute shall be bound by mediation or conciliation. (v) It is and must comply with a term of this agreement that while the dispute resolution 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. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject decision of the dispute, and Employees in that area will be relocated Fair Work Commission made pursuant to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelinesclause.

Appears in 1 contract

Sources: Enterprise Agreement

Dispute Resolution Procedure. The parties are committed to minimising this Agreement shall observe the amount of lost-time or production arising out following Industrial Dispute Resolution procedure: A procedure for the avoidance and/or resolution of disputes or grievances, and to resolving any disputes will apply in the enterprise covered by consultation and cooperationthis Agreement. The parties commit themselves mechanism and procedures for resolving disputes will include, but not be limited to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all timesfollowing: (i) In 1. The employee concerned will first meet and confer with their immediate supervisor. The employee may appoint another person to act on their behalf. 2. If the first instance matter is not resolved at such a meeting the parties will genuinely attempt to resolve the matter at the workplace by arrange further 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 involving more senior levels of management as appropriate. The employee may invite a representative to be involved in the discussions. The employer may also invite a representative into the discussions. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) 3. If the matter remains unresolved at stage (i) unresolved, the Employee(s) employer or employee may refer it to a more senior level of management for consideration. 4. In the event of the matter remaining unresolved, either party may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution resolution. Any determination/ resolution/outcome by mediation the Commission cannot be inconsistent with the Code and Guidelines or conciliationinconsistent with legislative obligations. (v) It 5. Except in situations where there is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee has a reasonable concern about an imminent risk perceived immediate and significant threat to his or her employee health or and safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject as normal and consideration of the disputeneeds of the business will remain a priority. This agreement incorporates all the terms of the Metal and Engineering Associated Industries Award as in operation just before the making of the agreement, and Employees in provided that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until where there is any inconsistency between the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry agreement and the Implementation Guidelines.award, the agreement shall take precedence to the extent of any inconsistency. To avoid doubt, this includes various preserved award matters as contained in the Award, including, the provisions related to Jury Service, Annual Leave, Personal and Carer’s Leave, Parental Leave and Notice Of Termination. This provision does not apply to any term of the award which is specified as prohibited content by government legislation or regulation, or which does not pertain to the relationship between the employer and employees subject to this agreement. Further, it specifically does not apply to Long Service Leave and Superannuation which are dealt with separately in this Agreement. To avoid any doubt the following clauses are excluded from the Metal, Engineering and Associated Industries Award, 1998 — Part 1 Clause 2.1 Enterprise Flexibility Clause 2.2.2(c)(ii) Clause 2.2.3(b) Clause 2.2.4 Clause 2.2.5 Clause 2.2.6 Clause 3.1 Consultative Mechanism and Procedures Clause 3.2 Dispute Resolution Procedure 2.1 Probationary employment Clause 4.2.3(b) and (d)

Appears in 1 contract

Sources: Collective Agreement

Dispute Resolution Procedure. The parties are committed to minimising the amount of lost-time or production arising out of disputes or grievances, and to resolving any disputes by consultation and cooperation. The parties commit themselves to: • Resolving any disputes without recourse to industrial action; and • Accepting decisions of the WorkCover Authority. Accordingly, the following procedures will be followed at all times: (i) In the first instance the parties will genuinely attempt to resolve the matter at the workplace by discussions between the Employee employee or Employees employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the Employee employee or Employees employees concerned and more senior levels of management as appropriate. (ii) A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. (iii) If the matter remains unresolved at stage (i) the Employee(s) may refer the matter to their appointed representative who will discuss it with Senior Management. (iv) If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and steps (i) and (iii) has been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation or conciliation. (v) It is a term of this agreement that while the dispute resolution procedure is being conducted work shall continue normally unless an Employee employee has a reasonable concern about an imminent risk to his or her health or safety. The above procedures will apply in the event of a safety issue. In such an event, normal work will continue in areas other than the area subject of the dispute, and Employees in that area will be relocated to other areas/sites. Training or other appropriate activities may be undertaken until the matter is resolved. No Employee will be allowed to work in an unsafe area other than for safety rectification purposes. It is an overriding condition of this Agreement that any mediated, conciliated or arbitrated outcome in settlement of a dispute by the Australian Industrial Relations Commission must be consistent with the National Code of Practice for the Building and Construction Industry and the Implementation Guidelines.

Appears in 1 contract

Sources: Employee Collective Agreement