Common use of DISPUTE SETTLEMENT PROCEDURE Clause in Contracts

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

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

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

DISPUTE SETTLEMENT PROCEDURE. A major objective There will be a genuine effort by all parties to resolve grievances of this Agreement is employees in a conciliatory fashion without recourse to eliminate lost time and/or production arising out stoppages of disputes or grievanceswork. Outlined herein are principles and procedures that will regulate the resolution of grievances and industrial disputes: i. Disputes over on any work related grievance or industrial matter should shall be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. ii. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise should delegate/official shall initially submit any work work-related grievance and/or grievances and or industrial matter matters to the on-site company foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevantrepresentative. iii. If the matter issue remains unresolved the employee or union delegate or site ▇▇▇▇▇▇▇ delegate/official may then submit the matter issue to the appropriate senior management person. iv. Where relevant If the Enterprise may submit dispute or grievance has the potential to cause disputation or dislocation to the work of employees of a different company working on the same site where applicable, appropriate management with the principle contractor will be notified. v. If the issue remains unresolved the matter to a union official. If still not resolved the delegate or site ▇▇▇▇▇▇▇ shall refer the matter may be referred to an appropriate executive official of the union, who shall discuss the matter union for direct discussion with the nominated representative senior management of the Enterprise. If still not resolved there may be discussions between the state secretary company and senior management representativeor principle contractor. vi. Whilst the above procedures are being followed followed, work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any partyshall continually normally. vii. Should the matter remain unresolved after the direct discussions between the union and where management there shall be a 48-hour cooling off period. viii. After the cooling off period the union and the company shall be free to exercise their respective rights. The issue in dispute shall be treated as if it is within a "proposed agreement" and all parties shall be bound by the jurisdiction said provisions accordingly. Each party will ensure each step of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appealabove procedure is followed within reasonable time frames. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significanceissues.

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

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

DISPUTE SETTLEMENT PROCEDURE. A major The objective of this Agreement procedure is to eliminate lost time and/or production arising out promote the resolution of disputes or grievancesby measures based on consultation, co-operation and discussion and to avoid interruption to the performance of work and the consequential loss of production and wages. Disputes over any work related or industrial matter should be dealt with The parties acknowledge that disputes are best resolved as close to its the source of the issue as possible. Disputes over As such the parties agree that matters will only be escalated (including to more senior company officers and where nominated, employee representatives) after genuine attempts have been made to resolve them locally, and these attempts have been unsuccessful. i. In the event of a dispute in relation to a matter arising from under this agreement shall be dealt with according agreement, in the first instance the parties will genuinely attempt to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If resolve the matter remains unresolved at the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be workplace by discussions between the state secretary 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 representativeas appropriate. ii. Whilst A party to the above procedures are being followed work should continue as normaldispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute. iii. This procedure If a dispute in relation to a matter arising under this agreement is unable to be followed in good faith resolved at the workplace, and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”)all agreed steps for resolving it have been taken, either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will may be accepted by all parties subject to the right of either party to refer the dispute referred to the Australian Industrial Relations Commission (the Commission) for resolution by conciliation and, where the matter in dispute remains unresolved by arbitration. In any arbitration the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. iv. The Commission may exercise conciliation and if required arbitrationarbitration powers in relation to unresolved issues about work value claims. 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. vi. The Commission’s Any decision of the Commission will be accepted by all parties bind the parties, subject to legal rights either party exercising a right of appealappeal against the decision to a Full Bench. vii. This dispute settlement procedure does Any outcome determined by the Commission cannot apply to health be inconsistent with the National Code of Practice for the Construction Industry and safety issues the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, or issues of industry, state or national significance.inconsistent with legislative obligations I. Communication Policy

DISPUTE SETTLEMENT PROCEDURE. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise employer should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate union site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise employer may submit the matter to a union official. If still not resolved resolv ed the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprisecompany. If still not resolved resolv ed there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. STOSIUS CONSTRUCTIONS PTY LTD and the MBAV/CFMEU Certified Agreement 2002-2005 Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Victorian Building Industry Disputes Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdictionprocedures). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

DISPUTE SETTLEMENT PROCEDURE. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise employer should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate union site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise employer may submit the matter to a union official. If still not resolved resolv ed the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprisecompany. If still not resolved resolv ed there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. ▇▇▇▇▇▇ CONSTRUCTION MANAGEMENT PTY LTD and the MBAV/CFMEU Certified Agreement 2002-2005 Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Victorian Building Industry Disputes Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdictionprocedures). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

DISPUTE SETTLEMENT PROCEDURE. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise employer should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate union site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise employer may submit the matter to a union official. If still not resolved resolv ed the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprisecompany. If still not resolved resolv ed there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. DUSK TO ▇▇▇▇ CONCRETE CONSTRUCTIONS PTY LTD and the MBAV/CFMEU Certified Agreement 2002-2005 Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Victorian Building Industry Disputes Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdictionprocedures). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

DISPUTE SETTLEMENT PROCEDURE. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise employer should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate union site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise employer may submit the matter to a union official. If still not resolved resolv ed the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprisecompany. If still not resolved resolv ed there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. CONCRETE PLACEMENT TECHNOLOGIES PTY LTD and the MBAV/CFMEU Certified Agreement 2002-2005 Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Victorian Building Industry Disputes Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdictionprocedures). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

DISPUTE SETTLEMENT PROCEDURE. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site ▇▇▇▇▇▇▇ or Enterprise employer should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate union site union representative as relevant. If the matter remains unresolved the union delegate or site ▇▇▇▇▇▇▇ may then submit the matter to the appropriate senior management person. Where relevant the Enterprise employer may submit the matter to a union official. If still not resolved resolv ed the delegate or site ▇▇▇▇▇▇▇ shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprisecompany. If still not resolved resolv ed there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. M & S CONSTRUCTION AND MAINTENANCE and the MBAV/CFMEU Certified Agreement 2002-2005 Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Victorian Building Industry Disputes Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdictionprocedures). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.