Common use of Dispute Resolution Procedure Clause in Contracts

Dispute Resolution Procedure. 9.1 This clause sets out the procedure to settle a dispute relating to any employment matter including: (a) a matter arising under the agreement, or (b) the NES, or (c) whether the employee had reasonable business grounds under subsection 65(5) of the Act (requests for flexible working arrangements) or 76(4) of the Act – (requests for extending unpaid parental leave) 9.2 In the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. 9.3 If a dispute is unable to be resolved at the workplace, and all appropriate steps under Clause 9.2 have been taken, a party to the dispute may refer the dispute to FWC, or other appropriate statutory tribunal. 9.4 Unless otherwise stated in this Agreement, the parties agree that FWC shall have the power to do all such things as are necessary for the just resolution of the dispute including mediation, conciliation and finally arbitration. 9.5 Where the matter in dispute remains unresolved, FWC may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement dispute. 9.6 An employer or employee may appoint another person, organisation or association, which may include the Union/s, to accompany and/or represent them for the purposes of this clause. 9.7 While the dispute resolution procedure is being conducted work must continue in accordance with this Agreement and the Act. 9.8 Subject to work health and safety legislation, an employee must not unreasonably fail to comply, with a direction by the employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee to perform.

Appears in 26 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Dispute Resolution Procedure. 9.1 This clause sets out the procedure to settle a dispute relating to any employment matter including: (a) a matter arising under the agreementAgreement, or (b) the NES, or (c) whether the employee Employee had reasonable business grounds under subsection 65(5) of the Act (requests for flexible working arrangements) or 76(4) of the Act – (requests for extending unpaid parental leave). 9.2 In the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee Employee or employees Employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour 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. 9.3 If a dispute is unable to be resolved at the workplace, and all appropriate steps under Clause clause 9.2 have been taken, a party to the dispute may refer the dispute to FWC, or other appropriate statutory tribunal. 9.4 Unless otherwise stated in this Agreement, the parties agree that FWC shall have the power to do all such things as are necessary for the just resolution of the dispute including mediation, conciliation and finally arbitration. 9.5 Where the matter in dispute remains unresolved, FWC may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement dispute. 9.6 An employer Employer or employee Employee may appoint another person, organisation or association, which may include the Union/s, to accompany and/or represent them for the purposes of this clause. 9.7 While the dispute resolution procedure is being conducted work must continue in accordance with this Agreement and the Act. 9.8 Subject to work health and safety legislation, an employee Employee must not unreasonably fail to comply, with a direction by the employer Employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee Employee to perform.

Appears in 18 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Dispute Resolution Procedure. 9.1 This clause sets out the procedure to settle a dispute relating to any employment matter including: (a) a matter arising under the agreement, or (b) the NES, or (c) whether the employee had reasonable business grounds under subsection 65(5) of the Act (requests for flexible working arrangements) or 76(4) of the Act – (requests for extending unpaid parental leave) 9.2 In the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. 9.3 If a dispute is unable to be resolved at the workplace, and all appropriate steps under Clause 9.2 have been taken, a party to the dispute may refer the dispute to FWCFWA, or other appropriate statutory tribunal. 9.4 Unless otherwise stated in this Agreement, the parties agree that FWC FWA shall have the power to do all such things as are necessary for the just resolution of the dispute including mediation, conciliation and finally arbitration. 9.5 Where the matter in dispute remains unresolved, FWC FWA may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute. 9.6 An employer or employee may appoint another person, organisation or association, which may include the Union/s, to accompany and/or represent them for the purposes of this clause. 9.7 While the dispute resolution procedure is being conducted conducted, work must continue in accordance with this Agreement and the Act. 9.8 Subject to work health and safety legislation, an employee must not unreasonably fail to comply, comply with a direction by the employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee to perform.

Appears in 1 contract

Sources: Enterprise Agreement