DISPUTE SETTLING PROCEDURE Clause Samples
The Dispute Settling Procedure clause establishes the process by which parties resolve disagreements arising from the contract. Typically, it outlines steps such as negotiation, mediation, or arbitration before resorting to litigation, and may specify timelines, forums, or governing rules for these proceedings. This clause ensures that disputes are handled in an orderly and predictable manner, minimizing disruption and providing a clear path to resolution.
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DISPUTE SETTLING PROCEDURE. 6.1 In the event of a dispute in relation to a matter arising under this Agreement, in the first instance the employees and employer will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate.
6.2 An employer or employee party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute.
6.3 If a dispute in relation to a matter arising under the Agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission (“Commission”) for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The Arbitrator’s decision must be consistent with the National Code of Practice for the Construction Industry and the Guidelines.
6.4 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.
6.5 Any dispute referred to the commission under this clause should be dealt with by Senior Deputy President ▇▇▇▇▇, Senior Deputy President Hamburger, Senior Deputy President ▇▇▇▇ ▇▇▇▇▇▇▇▇ or Commissioner ▇▇▇▇ ▇▇▇▇▇▇▇▇ or, should one of those members not be available within a reasonable time, a member nominated by the President of the Commission.
6.6 The decision of the commission will be binding subject to the employer or employee exercising a right of appeal against the decision to a full bench.
DISPUTE SETTLING PROCEDURE. The union (as defined) and the employer (as defined) undertake to follow the procedure as set out herein, with the intention that all disputes shall be promptly resolved by conciliation in good faith.
DISPUTE SETTLING PROCEDURE. 13.1.1 Where a grievance or dispute occurs between management and the employee(s), the parties agree to resolve the issues fairly and equitably using the following procedures:
a) Whilst resolving the dispute, the parties undertake to continue to work as planned and without interruption unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and
b) comply with any reasonable direction given by the employer to perform other appropriate work, either at the same workplace or at another workplace.
13.1.2 An issue or dispute will be constructively discussed between the employee and the manager. The supervisor must attempt to resolve the matter speedily and equitably or advise what action is to be taken within a 48-hour period of the issue being raised.
13.1.3 If the matter is not resolved, the employee may refer the issue to the employer who will attempt to effectively resolve the matter. During the discussion the employee is entitled to have a representative of his/her own choosing present.
13.1.4 If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and all the above steps for resolving it have been taken, the dispute may be referred to the Australian Industrial Relations Commission for resolution.
13.1.5 On a dispute being notified, the Australian Industrial Relations Commission may exercise such powers and functions as the parties agree are appropriate at the time.
DISPUTE SETTLING PROCEDURE. Where there is a dispute between an Employee (or Employees) and the Employer about:
(a) The application or interpretation of this Agreement (the matter in dispute); or
(b) The National Employment Standards; the following procedures will apply.
DISPUTE SETTLING PROCEDURE. 16.1 In the event of a dispute arising in the workplace about this agreement, the National Employment Standards (including subsections 65(5) and 76(4) of the Fair Work Act 2009), or any other work-related matter, the procedure to be followed to resolve the matter is:
a) The employee(s) and their supervisor will meet and discuss the matter, and if the matter is not resolved at such a meeting, the parties shall arrange for further discussions between the employee and his or her nominated representative and more senior levels of management.
b) If the matter is still not resolved then the matter will be referred to the Urapuntja Health Board.
c) Union members are entitled to be represented by their union. Non-members are entitled to be represented by the union (if it agrees) or by any other person they choose. The employer shall recognise the representative for all purposes involved with the resolution of the dispute.
d) If the matter cannot be resolved a party may refer the dispute to FWC for resolution using any of its powers including by arbitrating the dispute.
16.2 The parties to the dispute agree to be bound by, and to implement, a decision made by FWC in accordance with this term.
16.3 In order to facilitate the procedure in subclause 16.1 the party with the grievance must notify the other party at the earliest opportunity of the problem.
a) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.
b) Sensible time limits must be allowed for completion of the various stages of discussion.
c) However, the parties must co-operate to ensure that the dispute resolution procedures are carried out as quickly as possible.
d) The parties to the dispute and their representatives must act in good faith in relation to the dispute.
e) While the parties are genuinely attempting to resolve the matter, the parties will continue to work in accordance with this Agreement and their contract of employment unless the employee has reasonable concern about an imminent risk to his or her health or safety.
f) The employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work.
DISPUTE SETTLING PROCEDURE. Any dispute under these provisions shall be dealt with in accordance with the Dispute Resolution Procedure in the Agreement to which this Schedule is attached.
DISPUTE SETTLING PROCEDURE. Subject to this clause, any dispute relating to the NES or any grievance, dispute or matter which is raised by St ▇▇▇▇, an Employee or group of Employees, except disputes relating to the termination of an Employee’s employment or disciplinary procedures, will be settled according to the following procedure:
(a) The complainant will document the dispute in writing and it will then be discussed between the Employee(s) and the relevant supervisor in an attempt to resolve it.
(b) If the dispute is not resolved as outlined in clause 36(a) above within five (5) week days of being raised with the relevant supervisor, the dispute will be referred to the relevant line manager, who will attempt to resolve it.
(c) If the dispute is not resolved as outlined in clause 36(b) above within five (5) week days of being raised with the relevant line manager, the dispute will be referred to the Chief Executive Officer or their nominee, who will attempt to resolve it.
(d) If the dispute is not resolved as outlined in clause 36(c) above within five (5) week days of being raised with the Chief Executive Officer or his/her nominee, and the dispute relates to a matter arising under this Enterprise Agreement or relating to the NES, any party to the dispute may refer it to Fair Work.
(e) Fair Work may deal with the dispute in two (2) stages:
(i) Fair Work will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(ii) if Fair Work is unable to resolve the dispute at the first stage, Fair Work may then:
(A) arbitrate the dispute; and
(B) make a determination that is binding on the parties.
(f) The parties to the dispute will abide by the decision of Fair Work subject to any party to the dispute exercising a right of appeal against the decision in accordance with the Fair Work Act.
(g) The period for resolving a dispute may be extended by agreement between the parties.
(h) At all stages of the procedure set out above, either party may appoint or be accompanied by a representative of their choice.
(i) While the dispute is being dealt with, or while any conciliation or arbitration is progressing, the Employee(s) concerned will continue to work in accordance with this Agreement.
DISPUTE SETTLING PROCEDURE. 7.1 A dispute settling procedure shall apply to the Company.
7.2 The procedure shall be used in regard to any dispute, grievance, claim, disagreement or issue arising between an employee or employees of the Company and/or the AWU on the one hand and the Company on the other.
7.3 The aim of the procedure is to promote resolution of such matters by measures based on consultation, co-operation and discussion.
7.4 The dispute settling procedure shall have the following stages.
7.4.1 In the first instance, the matter shall be discussed between the employee or employees and the relevant Supervisor.
7.4.2 If the matter is not then resolved, it shall be discussed between the employee or employees and the relevant Manager.
7.4.3 If the matter is still not resolved, it shall be discussed between the employee or employees and the State Human Resource Manager of the particular Company.
7.4.4 Reasonable time limits shall be allowed for the completion of the various stages of the dispute settling procedure. Earlier stages of the discussion process may require less time to be finalised than later stages.
7.5 The nature of the matter involved, considerations of urgency or the number of employees concerned may make it appropriate for earlier stages of the disputes settling procedure to be by-passed.
7.6 Whilst the stages in the disputes settling procedure are being followed, other than in relation to a dismissal, the status quo pertaining prior to the matter being dealt with under the disputes settling procedure shall prevail.
7.7 Nothing in the disputes settling procedure shall operate to the prejudice of an employee's health and safety.
7.8 An Employee is entitled to have attend or be represented by a person of the Employee’s choice, including an employee or delegate of the AWU at any and every step in this procedure.
7.9 If the matter is not resolved, then either party may refer it to the Australian Industrial Relations Commission
DISPUTE SETTLING PROCEDURE. A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances.
DISPUTE SETTLING PROCEDURE. (1) The objectives of the procedure shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussion; to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages. A procedure involving up to four stages of discussions shall apply. These are:
(a) Discussion between the employee/s concerned at the employee/s request and the appropriate Union Shop ▇▇▇▇▇▇▇/Delegate/s, and the immediate supervisor/s;
(b) Discussions involving the employee/s, the Shop ▇▇▇▇▇▇▇/s and more senior management;
(c) Discussions involving representatives from the State Branch of the Union/s concerned and senior management;
(d) There shall be an opportunity for any party to raise the issue to a higher stage.
(2) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.
(3) Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.
(4) Sensible time limits shall be allowed for the completion of the various stages of the discussion: at least seven days should be allowed for all stages of discussion to be finalised.
(5) Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Western Australian Industrial Relations Commission for assistance in resolving the dispute.
(6) In order to allow for the peaceful resolution of grievances the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitations on the performance of work while the procedures of negotiations and conciliation are being followed.
(7) The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice at the workplace.