Common use of DISPUTE SETTLEMENT PROCEDURE Clause in Contracts

DISPUTE SETTLEMENT PROCEDURE. ‌ If a dispute relates to a matter arising under the agreement or the NES: 2.1.1 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 In the first instance, the parties 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. 2.1.3 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 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, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 2.1.5 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 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. 2.1.7 While the parties are trying to resolve the dispute using the procedures in this term: (a) an Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) 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: i. the work is not safe; or ii. applicable occupational health and safety legislation would not permit the work to be 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 direction. 2.1.8 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 4 contracts

Sources: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. 35.1 If a dispute relates to to: (a) a matter arising under the agreement or Agreement; or (b) the NES:National Employment Standards; this clause sets out procedures to settle the dispute. 2.1.1 35.2 An Employee employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 35.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, level by discussions between the Employee employee or Employees employees and relevant supervisors and/or management. 2.1.3 35.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work CommissionFWC. 2.1.4 The Fair Work Commission 35.5 FWC may deal with the dispute in 2 two stages: (a) the Fair Work Commission FWC will first attempt to resolve the dispute as it considers appropriate, appropriate including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if If the Fair Work Commission FWC is unable to resolve the dispute at the first stage, the Fair Work Commission FWC may then: i. (i) arbitrate the dispute; and (ii. ) make a determination that is binding on the parties. 2.1.5 . Note: If the Fair Work Commission FWC arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 35.6 A decision that the Fair Work Commission FWC makes when arbitrating a dispute is a decision for the purpose of Div Division 3 of Part 5.1 5-1 of the Act. Therefore, Therefore an appeal may be made against the decision. 2.1.7 35.7 While the parties Parties are trying to resolve the dispute using the procedures in this termclause: (a) an Employee employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an Employee employee must comply with a direction given by the Employer to perform other available work at the same workplace, workplace or at another workplace, workplace unless: i. (i) the work is not safe; or (ii. ) applicable occupational health and safety legislation would not permit the work to be performed; or (iii. ) the work is not appropriate for the Employee employee to perform; or (iv. ) there are other reasonable grounds for the Employee employee to refuse to comply with the direction. 2.1.8 35.8 The parties Parties to the dispute agree to be bound by a decision made by the Fair Work Commission FWC in accordance with this termclause.

Appears in 3 contracts

Sources: Victorian Prisoner Transport Services Enterprise Agreement, Victorian Prisoner Transport Services Enterprise Agreement, Victorian Prisoner Transport Services Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. ‌ 11.1. If a dispute relates to to: (a) a matter arising under the agreement or Agreement; or (b) the NES:National Employment Standards; this term sets out procedures to settle the dispute. 2.1.1 An Employee who is a 11.2. Either party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 11.3. In the first instance, the parties 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. 2.1.3 11.4. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 11.5. The Fair Work Commission may deal with the dispute in 2 stages: (a) the 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 recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. (i) arbitrate the dispute; and (ii. ) make a determination that is binding on the parties. 2.1.5 . If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div Division 3 of Part 5.1 5-1 of the Act. Therefore, an appeal may be made against the decision. 2.1.7 11.6. While the parties are trying to resolve the dispute using the procedures in this term: (a) an Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) 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: i. (i) the work is not safe; or (ii. ) applicable occupational health and safety legislation would not permit the work to be 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 direction. 2.1.8 11.7. The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. (1) If a dispute relates to to: (a) a matter arising under the agreement or Agreement; or (b) the NES:National Employment Standards; this term sets out procedures to settle the dispute. 2.1.1 (2) An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 (3) In the first instance, the parties 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. 2.1.3 (4) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 (5) 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, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. (i) arbitrate the dispute; and (ii. ) make a determination that is binding on the parties. 2.1.5 . Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . A decision that 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. A decision that 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. 2.1.7 (6) While the parties are trying to resolve the dispute using the procedures in this term, the status quo will prevail. The maintenance of such status quo arrangement is subject to the good faith engagement of the parties involved in the dispute and shall not be used to frivolously or vexatiously harm the other party; and: (a) an Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) 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: i. (i) the work is not safe; or (ii. ) applicable occupational health and safety legislation would not permit the work to be 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 direction. 2.1.8 (7) The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. 37.1 The Employer and its Employees have an interest in the proper application of this Agreement and in minimising and settling disputes about matters contained within this Agreement in a timely manner. 37.2 If a dispute relates to to: (a) a matter arising under the agreement or Agreement; or (b) the NES:; this clause sets out procedures to settle the dispute. 2.1.1 37.3 An Employee who is a party to the dispute may appoint a representative another person, organisation or union to accompany and/or represent them for the purposes of the procedures in this termprocedure. 2.1.2 (a) In the first instance, the parties to the dispute must try to and resolve the dispute at the workplace level, level by discussions between the Employee or Employees and relevant supervisors and/or management. The Employee and their appointed representative must notify the Employer of the dispute in writing (Dispute Notification). 2.1.3 (b) The Dispute Notification must be in writing and include details of the dispute including the referenced clause of the Agreement or the NES in relation to which the dispute has risen. The Dispute Notification will indicate the resolution sought. 37.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 37.5 The Fair Work Commission may deal with the dispute in 2 two (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 recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, and both parties to the dispute are in agreement, the Fair Work Commission may then: i. (i) arbitrate the dispute; and (ii. ) make a determination that is binding on the parties. 2.1.5 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 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. 2.1.7 37.6 While the parties are trying to resolve the dispute using the procedures in this termthese procedures: (a) an Employee must continue to perform his or her their work as he or she they would normally unless he or she has they have a reasonable concern about an imminent risk to his or her their health or safety; and (b) 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: i. (i) the work is not safe; or (ii. ) the applicable occupational health and safety legislation would not permit the work to be 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 direction. 2.1.8 The 37.7 If both parties agree to have the matter arbitrated by the Fair Work Commission, then both parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this termprocedure.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. (a) If a dispute relates to to: (i) a matter arising under the agreement or agreement; or (ii) the NES:National Employment Standards, this term sets out procedures to settle the dispute. 2.1.1 (b) An Employee employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 (c) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee employee or Employees employees and relevant supervisors and/or management. 2.1.3 (d) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 (e) The Fair Work Commission may deal with the dispute in 2 stages: (ai) the 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 recommendation; and (bii) if If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. (1) arbitrate the dispute; : and ii. (2) make a determination that is binding on the parties. 2.1.5 If the . Note: The Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 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. 2.1.7 (f) While the parties are trying to resolve the dispute using the procedures in this term: (ai) an Employee employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (bii) an Employee employee must comply with a direction given by the Employer to perform other available work at the same workplace, or at another workplace, unless: i. (1) the work is not safe; or; ii. (2) applicable occupational health and safety legislation would not permit the work to be performed; or; iii. (3) the work is not appropriate for the Employee employee to perform; or iv. (4) there are other reasonable grounds for the Employee employee to refuse to comply with the direction. 2.1.8 (g) The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. Name: Signature: Date: Explanation of this person’s authority to sign the Agreement: Address: ▇▇▇▇▇▇ ▇▇▇ Thursday 31 March 2022 Managing Director Vic/Tas ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Name: Signature: Date: Explanation of this person’s authority to sign the Agreement: Address: Nurse means a nurse registered as such with the Nursing and Midwifery Board of Australia or a nurse enrolled as such under the provisions of the Health Practitioner Regulation National Law (Tasmania) Act 2010 (Tas).

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. ‌ If Subject to the provision of the Workplace Relations Act 1996, as amended from time to time, any industrial dispute or matter likely to create a dispute relates shall be dealt with in the following manner:- 6.1 The parties to a matter arising under the agreement or the NES: 2.1.1 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 In the first instance, the parties to the dispute must try genuinely attempt to resolve the dispute at the workplace level, by discussions between . The employee(s) who are a party to a dispute may elect to have a representative of their choice assist them through the Employee or Employees and relevant supervisors and/or managementdispute settlement process. 2.1.3 6.2 The employee/s concerned shall first discuss the issue with his/her immediate Manager / Supervisor within seven (7) days of the dispute arising. 6.3 If discussions the matter is not resolved, the employee/s concerned and their immediate Manager / Supervisor must bring the matter under discussion to the attention of a more senior manager of that section of the business within a further 7 days. 6.4 If the matter is not resolved, the employee/s concerned and their immediate Manager / Supervisor must bring the matter under discussion to the attention of the State Manager within a further 7 days. 6.5 If a matter in dispute cannot be resolved at the workplace level do not resolve the disputelevel, a party to the dispute may elect to use an alternative dispute resolution process in an attempt to resolve the matter. Alternative dispute resolution includes but is not limited to mediation, neutral evaluation, conciliation and arbitration. 6.6 If the parties cannot reach agreement on who is to conduct the alternative dispute resolution process within 7 days, then either party may refer the matter dispute to the Fair Work CommissionAustralian Industrial Relations Commission for resolution by mediation and/or conciliation and, if the dispute remains unresolved, 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. 2.1.4 The Fair Work Commission may deal with 6.7 If an alternative dispute resolution process is used to resolve a dispute on a matter, the parties to the dispute in 2 stages: (a) the Fair Work Commission will first must genuinely attempt to resolve the dispute as it considers appropriateusing that process. 6.8 An employee who is a party to a dispute must, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve while the dispute at the first stage, the Fair Work Commission may thenis being resolved: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 2.1.5 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available 6.8.1 Continue to it under the Act. 2.1.6 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. 2.1.7 While the parties are trying to resolve the dispute using the procedures work in accordance with this term: (a) an Employee must continue to perform Agreement and his or her work as he or she would normally contract of employment, unless he or she the employee has a reasonable concern about an imminent risk to his or her health or safety; and (b) an Employee must comply 6.8.2 Comply with a any reasonable direction given by the his or her Employer to perform other available work work, either at the same workplace, workplace or at another workplace, unless: i. the work workplace that is not safe; or ii. applicable occupational health safe and safety legislation would not permit the work to be performed; or iii. the work is not appropriate for the Employee employee to perform; or iv. there are other reasonable grounds for the Employee to refuse to comply with the direction. 2.1.8 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Union Collective Agreement

DISPUTE SETTLEMENT PROCEDURE. 10.1. If a dispute relates to to: (a) a matter arising under the agreement or Agreement; (b) the NES:NES this clause sets out procedures to settle the dispute. 2.1.1 10.2. An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 10.3. In the first instance, the parties 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. 2.1.3 10.4. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 The 10.5. 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, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the If Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. arbitrate Arbitrate the dispute; and ii. make Make a determination that is binding on the parties. 2.1.5 10.6. If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 10.7. A decision that the Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div Division 3 of Part 5.1 5-1 of the Act. Therefore, an appeal may be made against the decision. 2.1.7 10.8. While the parties are trying to resolve the dispute using the procedures in this term: (a) an An Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an An Employee must comply with a direction given by the Employer Company to perform other available work at the same workplace, or at another workplace, unless: i. the The work is not safe; or ii. applicable Applicable occupational health and safety legislation would not permit the work to be performed; or iii. the The work is not appropriate for the Employee to perform; or iv. there There are other reasonable grounds for the Employee to refuse to comply with the direction. 2.1.8 10.9. The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. 10.10. Any arbitration or other binding outcome of a dispute must be consistent with the Code for the Tendering & Performance of Building Work 2016 in place or as amended from time to time.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. 23.1 If a dispute relates to a to: (a) A matter arising under the agreement or agreement; or (b) The National Employment Standards; this term sets out procedures to settle the NES:dispute. 2.1.1 23.2 An Employee employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 23.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee employee or Employees employees and relevant supervisors and/or management. 2.1.3 23.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work CommissionAustralia. 2.1.4 The 23.5 Fair Work Commission Australia may deal with the dispute in 2 stages: (a) the Fair Work Commission Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the If Fair Work Commission Australia is unable to resolve the dispute at the first stage, the Fair Work Commission Australia may then: i. i) arbitrate the dispute; and ii. ) make a determination that is binding on the parties. 2.1.5 . Note: If the Fair Work Commission Australia arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . A decision that the Fair Work Commission Australia 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. 2.1.7 23.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) an Employee employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an Employee employee must comply with a direction given by the Employer employer to perform other available work at the same workplace, or at another workplace, unless: i. i) the work is not safe; or ii. ) applicable occupational health and safety legislation would not permit the work to be performed; or iii. ) the work is not appropriate for the Employee employee to perform; or iv. ) there are other reasonable grounds for the Employee employee to refuse to comply with the direction. 2.1.8 23.7 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission Australia in accordance with this term.

Appears in 1 contract

Sources: Enterprise Bargaining Agreement

DISPUTE SETTLEMENT PROCEDURE. 27.1 If a dispute relates to to: 27.1.1 a matter arising under the agreement or agreement; or 27.1.2 the NES:National Employment Standards; this term sets out procedures to settle the dispute. 2.1.1 27.2 An Employee employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 27.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee employee or Employees employees and relevant supervisors and/or management. 2.1.3 27.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 27.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) 27.5.1 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 recommendation; and (b) 27.5.2 if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. 27.5.2.1 arbitrate the dispute; and ii. 27.5.2.2 make a determination that is binding on the parties. 2.1.5 . Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . 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 Fair Work Act. Therefore, an appeal may be made against the decision. 2.1.7 27.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) 27.6.1 an Employee employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) 27.6.2 an Employee employee must comply with a direction given by the Employer employer to perform other available work at the same workplace, or at another workplace, unless: i. 27.6.2.1 the work is not safe; or ii. 27.6.2.2 applicable occupational health and safety legislation would not permit the work to be performed; or iii. 27.6.2.3 the work is not appropriate for the Employee employee to perform; or iv. 27.6.2.4 there are other reasonable grounds for the Employee employee to refuse to comply with the direction. 2.1.8 27.7 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. 27.8 Whilst a matter in dispute is being progressed in accordance with this clause, and subject to there being no stoppage of work as a result of a matter raised under this clause, the status quo will remain. The status quo shall be the state of affairs that existed prior to the issue that has been put in dispute.

Appears in 1 contract

Sources: Collective Agreement

DISPUTE SETTLEMENT PROCEDURE. 27.1 If a dispute relates to to: 27.1.1 a matter arising under the agreement or Agreement; or 27.1.2 the NES:National Employment Standards; this term sets out procedures to settle the dispute. 2.1.1 27.2 An Employee employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 27.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee employee or Employees employees and relevant supervisors and/or management. 2.1.3 27.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 27.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) 27.5.1 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 recommendation; and (b) 27.5.2 if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. 27.5.2.1 arbitrate the dispute; and ii. 27.5.2.2 make a determination that is binding on the parties. 2.1.5 . Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . 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 Fair Work Act. Therefore, an appeal may be made against the decision. 2.1.7 27.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) 27.6.1 an Employee employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) 27.6.2 an Employee employee must comply with a direction given by the Employer employer to perform other available work at the same workplace, or at another workplace, unless: i. 27.6.2.1 the work is not safe; or ii. 27.6.2.2 applicable occupational health and safety legislation would not permit the work to be performed; or iii. 27.6.2.3 the work is not appropriate for the Employee employee to perform; or iv. 27.6.2.4 there are other reasonable grounds for the Employee employee to refuse to comply with the direction. 2.1.8 27.7 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term. 27.8 Whilst a matter in dispute is being progressed in accordance with this clause, and subject to there being no stoppage of work as a result of a matter raised under this clause, the status quo will remain. The status quo shall be the state of affairs that existed prior to the issue that has been put in dispute.

Appears in 1 contract

Sources: Collective Agreement

DISPUTE SETTLEMENT PROCEDURE. ‌ If a dispute relates This procedure shall be followed to a matter arising under the agreement resolve disputes or the NES: 2.1.1 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures grievances about matters dealt with in this term. 2.1.2 In the first instance, the parties 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. 2.1.3 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 The Fair Work Commission may deal with the dispute in 2 stagesAgreement: (a) the Fair Work Commission will first attempt to resolve As soon as is practicable after the dispute as or claim has arisen, the employee concerned will take it considers appropriate, including by mediation, conciliation, expressing an opinion up with his/her immediate supervisor affording him/her opportunity to remedy the cause of the dispute or making a recommendation; andclaim; (b) if the Fair Work Commission is unable to resolve Where any such attempt at settlement has failed, or where the dispute at or claim is of such a nature that direct discussions between the first stageemployee and his/her immediate supervisor would be inappropriate, the Fair Work Commission employee shall notify the supervisor’s manager, the General Manager Talent Management or the relevant Executive Manager; (c) If the matter is not settled, the employee may then:choose to appoint a nominated representative (which may include a representative from the FSU) to take the matter up with the employer or a representative of the employer; i. arbitrate (d) If the dispute; and ii. make a determination that dispute is binding on not resolved it may be referred to the partiesAIRC for conciliation and/or arbitration. 2.1.5 If (e) Without prejudice to either party, work shall continue in the Fair Work Commission arbitrates the dispute, it may also use the powers that are available manner prior to it under the Act. 2.1.6 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. 2.1.7 While the parties are trying to resolve the dispute using arising while the procedures matters in dispute are being dealt with in accordance with this term: provision (a) an Employee must continue to perform his or her work as he or she would normally unless he or she the employee has a reasonable concern about an imminent risk to his or his/her health or safety; and). (bf) an Employee must comply with a direction given by The AIRC shall have, in respect of conciliation and arbitration, all the Employer substantive and procedural powers necessary or convenient for the just resolution of the dispute. Without limiting the above, in arbitration the AIRC may exercise procedural powers to perform other available work at determine matters related to representation, hearings, witnesses, evidence and submissions to make the same workplace, or at another workplace, unlessarbitration effective. (g) The AIRC shall: i. the work is not safe; orAvoid unnecessary formality, technicalities and legal forms; ii. applicable occupational health and safety legislation would not permit Not be bound by the work to be performed; orrules of evidence; iii. Act according to equity, good conscience and the work is not appropriate for substantial merits of the Employee to perform; orcase; iv. there are other reasonable grounds for Apply the Employee principles of natural justice; v. Have the power to refuse determine appropriate remedies to comply with resolve the directiondispute; vi. Unless otherwise agreed by the parties, provide any decision in writing, accompanied or followed by written reasons. 2.1.8 The parties (h) Any arbitration proceeding shall, unless otherwise agreed, be recorded and transcribed. (i) Without prejudice to either party, work will continue in the manner prior to the dispute agree to be bound by a decision made by arising while the Fair Work Commission matters in dispute are being dealt with in accordance with this termclause. (j) Notwithstanding the above, an employee may contact the Union or another Representative of the employee’s choice for assistance/ guidance/ representation during any stage of the dispute settlement process.

Appears in 1 contract

Sources: Workplace Agreement

DISPUTE SETTLEMENT PROCEDURE. 14.1 If a dispute relates to to: 14.1.1 a matter arising under the agreement or Agreement; or 14.1.2 the NES:; this term sets out procedures to settle the dispute. 2.1.1 14.2 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 14.3 In the first instance, the parties 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. 2.1.3 14.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 14.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) 14.5.1 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 recommendation; and (b) 14.5.2 if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. (a) arbitrate the dispute; and ii. (b) make a determination that is binding on the parties. 2.1.5 . Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . 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. 2.1.7 14.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) 14.6.1 an Employee must continue to perform his or her the Employee’s work as he or she the Employee would normally unless he or she the Employee has a reasonable concern about an imminent risk to his or her the Employee’s health or safety; and (b) 14.6.2 an Employee must comply with a direction given by the Employer ACES to perform other available work at the same workplace, or at another workplace, unless: i. (a) the work is not safe; or ii. (b) applicable occupational health and safety legislation would not permit the work to be performed; or iii. (c) the work is not appropriate for the Employee to perform; or iv. (d) there are other reasonable grounds for the Employee to refuse to comply with the direction. 2.1.8 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. ‌ If a Any dispute relates to a matter arising under or grievance that arises at the agreement workplace between an Employee and Company and/or Company and the TWU about the Agreement or the employment relationship (including, for the avoidance of doubt, in relation to the NES) shall be dealt with in the following manner: 2.1.1 a) An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 b) In the first instance, the parties 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. 2.1.3 c) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 d) The Fair Work Commission may deal with the dispute in 2 stages: (ai) the 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 recommendation; and (bii) if If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. arbitrate ▇. ▇▇▇▇▇▇▇▇▇ the dispute; and ii. make B. Make a determination that is binding on the parties. 2.1.5 . Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . 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. 2.1.7 e) Until the matter is resolved by agreement, conciliation or arbitration, the Status Quo shall prevail. No party is to be prejudiced as to the final settlement by the continuance of work in accordance with this procedure. f) The parties must co-operate to ensure that these procedures are carried out expeditiously. The parties undertake to resolve any disputes in a timely manner in accordance with the dispute’s procedure. g) While the parties are trying to resolve the dispute using the procedures in this term: (ai) an Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (bii) 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: i. the A. The work is not safe; or ii. applicable B. Applicable occupational health and safety legislation would not permit the work to be performed; or iii. the C. The work is not appropriate for the Employee to perform; or iv. there D. There are other reasonable grounds for the Employee to refuse to comply with the direction. 2.1.8 h) The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. If a dispute relates to a matter arising under the agreement or the NES: 2.1.1 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 In the first instance, the parties 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. 2.1.3 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 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, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 2.1.5 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 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. 2.1.7 While the parties are trying to resolve the dispute using the procedures in this term: (a) an Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) 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: i. the work is not safe; or ii. applicable occupational health and safety legislation would not permit the work to be 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 direction. 2.1.8 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. 11.1 If a dispute relates to to: (a) a matter arising under the agreement or Agreement; (b) the NES:NES this clause sets out procedures to settle the dispute. 2.1.1 11.2 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 11.3 In the first instance, the parties 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. 2.1.3 11.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the The Fair Work Commission. 2.1.4 11.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) the 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 recommendation; and (b) if the The Fair Work Commission is unable to resolve the dispute at the first stage, the The Fair Work Commission may then: i. (i) arbitrate the dispute; and (ii. ) make a determination that is binding on the parties. 2.1.5 . If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . A decision that the The Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div Division 3 of Part 5.1 5-1 of the Act. Therefore, an appeal may be made against the decision. 2.1.7 11.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) an Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) 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: i. (i) the work is not safe; or (ii. ) applicable occupational health and safety legislation would not permit the work to be 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 direction. 2.1.8 11.7 The parties to the dispute agree to be bound by a decision made by the The Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Single Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. ‌ If a dispute relates 52 DISPUTE SETTLEMENT PROCEDURE 52.1 This clause 52 applies only to a matter disputes: (a) about any matters arising under this Agreement; or (b) in relation to the agreement or the NES:National Employment Standards. 2.1.1 An Employee who is a 52.2 A party to the dispute may appoint a representative representative, including a legal representative, for the purposes of the procedures in this termclause. 2.1.2 In 52.3 If there is a dispute: (a) in the first instance, the parties to the dispute must try will attempt to resolve the dispute at the workplace level, by discussions between including, but not limited to, the Employee or two or more Employees and relevant supervisors and/or management.the Employee's Supervisor meeting and conferring on the matter; 2.1.3 If (b) if the dispute is not resolved at such a meeting, the parties will arrange further discussions involving more senior levels of management up to and including the Chief Executive Officer; (c) if discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter dispute to the Fair Work Commission.; 2.1.4 The (d) if a dispute is referred to the Fair Work Commission, the Fair Work Commission may deal with the dispute in 2 two (2) stages: (ai) 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 recommendation; and (bii) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. (A) arbitrate the dispute; and ii. (B) make a determination that is binding on the parties. 2.1.5 52.4 If the Fair Work Commission arbitrates the dispute, : (a) it may also use the powers that are available to it under the Act.; and 2.1.6 A (b) any decision that made by the Fair Work Commission makes when arbitrating is binding on the parties and may be appealed. 52.5 During the time the parties to 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. 2.1.7 While the parties are trying attempting to resolve the dispute using the procedures in this termmatter: (a) an Employee must the Employees concerned will continue to perform his or her work as he or she would normally normal in accordance with the terms and conditions of their employment unless he or she has they have a reasonable concern about an imminent risk to his or her their health or safety; and; (b) an Employee the Employees concerned must comply with a direction given by the Employer Company to perform other available work at the same workplace, or at another workplace, unless: i. (i) the work is not safe; or (ii. ) applicable occupational work health and safety legislation would not permit the work to be performed; or (iii. ) the work is not appropriate for the Employee Employees to perform; or (iv. ) there are other reasonable grounds for the Employee Employees to refuse to comply with the direction; and (c) dispute resolution procedures must be carried out as quickly as is reasonably practicable. 2.1.8 The parties 52.6 No party will be prejudiced as to resolution of the dispute agree to be bound by a decision made by the Fair Work Commission continuance of work in accordance with this termclause 52.5.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. 2.10.1 If a dispute relates to to: (a) a matter arising under the agreement or agreement; or (b) the NES:National Employment Standards. this term sets out procedures to settle the dispute. 2.1.1 2.10.2 An Employee employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 2.10.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee employee or Employees employees and relevant supervisors and/or management. 2.1.3 2.10.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 2.10.5 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, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. (i) arbitrate the dispute; and (ii. ) make a determination that is binding on the parties. 2.1.5 . Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . 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. 2.1.7 2.10.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) an Employee employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an Employee employee must comply with a direction given by the Employer employer to perform other available work at the same workplace, or at another workplace, unless: i. (i) the work is not safe; or (ii. ) applicable occupational health and safety legislation would not permit the work to be performed; or (iii. ) the work is not appropriate for the Employee employee to perform; or (iv. ) there are other reasonable grounds for the Employee employee to refuse to comply with the direction. 2.1.8 2.10.7 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. 17.1 If a dispute relates to to: 17.1.1 a matter arising under the agreement or Agreement; or 17.1.2 the NES:; this term sets out procedures to settle the dispute. 2.1.1 17.2 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 2.1.2 17.3 In the first instance, the parties 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. 2.1.3 17.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 17.5 The Fair Work Commission may deal with the dispute in 2 stages: (a) 17.5.1 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 recommendation; and (b) 17.5.2 if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. (a) arbitrate the dispute; and ii. (b) make a determination that is binding on the parties. 2.1.5 . Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . 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. 2.1.7 17.6 While the parties are trying to resolve the dispute using the procedures in this term: (a) 17.6.1 an Employee must continue to perform his or her the Employee’s work as he or she the Employee would normally unless he or she the Employee has a reasonable concern about an imminent risk to his or her the Employee’s health or safety; and (b) 17.6.2 an Employee must comply with a direction given by the Employer ACES to perform other available work at the same workplace, or at another workplace, unless: i. (a) the work is not safe; or ii. (b) applicable occupational health and safety legislation would not permit the work to be performed; or iii. (c) the work is not appropriate for the Employee to perform; or iv. (d) there are other reasonable grounds for the Employee to refuse to comply with the direction. 2.1.8 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. ‌ If ‌ 7.1. Where a dispute relates arises out of the terms of this Agreement or in relation to a matter arising under the agreement or National Employment Standards, the NES:following procedure should be followed. 2.1.1 7.2. An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this termClause. 2.1.2 7.3. In the first instance, the parties 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. 2.1.3 7.4. If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 7.5. 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, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may thenmay, by agreement between the parties: i. (i) arbitrate the dispute; and and (ii. ) make a determination that is binding on the parties. 2.1.5 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 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 Act7.6. Therefore, an appeal may be made against the decision. 2.1.7 While the parties are trying to resolve the dispute using the procedures in this term: (a) an Employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) 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: i. (i) the work is not safe; or (ii. ) applicable occupational health and safety legislation would not permit the work to be 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 direction. 2.1.8 7.7. The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.Clause. PART B – EMPLOYMENT CONDITIONS‌

Appears in 1 contract

Sources: Enterprise Agreement

DISPUTE SETTLEMENT PROCEDURE. 32.1 Kyeema Support Services Inc aims to provide a productive, rewarding, safe and non-discriminatory work environment for its employees. This environment should be characterised by co-operation, mutual respect, integrity and open communication between employees and supervisors. 32.2 If a dispute relates to a to: (a) matter arising under the agreement or agreement; or (b) the NES:National Employment Standards; this term sets out procedures to settle the dispute. 2.1.1 32.3 An Employee employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term, which may be the HACSU. 2.1.2 32.4 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee employee or Employees employees and relevant supervisors and/or management. 2.1.3 32.5 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission. 2.1.4 32.6 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, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 2.1.5 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. 2.1.6 . 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. 2.1.7 32.7 An employee who is part of the dispute will be released by ▇▇▇▇▇▇ Support Services Inc from normal duties to the extent they are personally required to participate in dispute resolution procedures under this clause. Any necessary participation by employees will be scheduled so as not to unduly affect the operations of Kyeema Support Services Inc 32.8 While the parties are trying to resolve the dispute using the procedures in this term: (a) an Employee employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an Employee employee must comply with a direction given by the Employer 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 performed; or iii. the work is not appropriate for the Employee employee to perform; or iv. there are other reasonable grounds for the Employee employee to refuse to comply with the direction. 2.1.8 The parties to the dispute agree to be bound by a decision made by the Fair Work Commission in accordance with this term.

Appears in 1 contract

Sources: Enterprise Agreement