Common use of DISPUTES AND GRIEVANCE PROCEDURE Clause in Contracts

DISPUTES AND GRIEVANCE PROCEDURE. 41.1 If there is a dispute arising from a matter dealt with by this Agreement or the National Employment Standards, it shall be dealt with in the following manner: 41.1.1 As soon as practicable after the dispute or claim has arisen, the Employee concerned shall notify his or her immediate supervisor, affording that supervisor the opportunity to remedy the cause of the dispute or claim; 41.1.2 If no resolution for the Employee’s grievance is reached, then the Employee shall seek further discussions and attempt to resolve the grievance with the Project Manager as prescribed by the Company from time to time; 41.1.3 If the matter is still unresolved, the Employee’s grievance may be referred to the Company’s Human Resources Manager and/or the relevant Business Manager, for resolution; 41.1.4 If the matter is not resolved at this stage, the matter may be referred to the Fair Work Commission (FWC) for conciliation and/or arbitration for resolution. The decision made by the Fair Work Commission shall be binding to both the Company and affected Employee(s). 41.1.5 All parties reserve the right to be legally represented for all matters before FWC. 41.1.6 An Employee may choose to be represented by a nominated representative (which may include the Union) at any stage of this procedure or in relation to any matters dealt with under this procedure. 41.2 It is agreed that during the time when the affected Employee(s) and the Company attempt to resolve the matter: 41.2.1 Work shall continue in a manner it was performed prior to the issue or decision that gave rise to the dispute; 41.2.2 No industrial action shall be commenced or taken; 41.2.3 Nothing in this Clause shall effect the ability of the Company to terminate an Employee pursuant to the termination Clause(s) in this Agreement. 41.2.4 The Parties must co-operate to ensure that the dispute resolution procedures are carried out as expeditiously as is reasonably possible. 41.3 Safety issues shall be isolated from industrial matters and any issue or dispute relating to safety shall be dealt with in accordance with Clause 40 of this Agreement. 41.4 Final settlement of the dispute will not be prejudiced by continuance of work under the dispute and grievance procedure in this Agreement. 41.5 In exercising its powers under this Clause, the FWC must not make any decision, order, recommendation, or suggest any resolution, of a matter raised under this Clause which would be inconsistent with the Code for the Tendering and

DISPUTES AND GRIEVANCE PROCEDURE. 41.1 36.1 If there is a dispute arising from a matter dealt with by this Agreement or the National Employment StandardsStandards (except s.65(5) and s.76(4) of the FW Act), it shall be dealt with in the following manner: 41.1.1 As 36.1.1 as soon as practicable after the dispute or claim has arisen, the Employee concerned shall notify his or her immediate supervisor, affording that supervisor the opportunity to remedy the cause of the dispute or claim; 41.1.2 If 36.1.2 if no resolution for the Employee’s grievance is reached, then the Employee shall seek further discussions and attempt to resolve the grievance with the Project Manager as prescribed by the Company from time to time; 41.1.3 If 36.1.3 if the matter is still unresolved, the Employee’s grievance may be referred to the Company’s Human Resources Manager and/or the relevant Business Manager, for resolution; 41.1.4 36.1.4 If the matter is not resolved at this stage, the matter may be referred to the Fair Work Commission (FWC) for conciliation and/or arbitration for resolution. The decision made by the Fair Work Commission FWC shall be binding to both the Company and affected Employee(s). 41.1.5 All parties reserve 36.1.5 The Company reserves the right to be legally represented for all matters before FWC. 41.1.6 An Employee may choose to be represented by a nominated representative (which may include the Union) at any stage of this procedure or in relation to any matters dealt with under this procedure. 41.2 36.2 It is agreed that during the time when the affected Employee(s) and the Company attempt to resolve the matter: 41.2.1 Work 36.2.1 work shall continue as normal in a manner it was performed prior to the issue or decision that gave rise to the disputeaccordance with this Agreement; 41.2.2 No 36.2.2 no industrial action shall be organised, commenced or takentaken by any Employee; 41.2.3 Nothing 36.2.3 nothing in this Clause shall effect affect the ability of the Company to terminate an Employee pursuant to the termination Clause(s) in this Agreement. 41.2.4 The Parties 36.2.4 the affected Employee(s) and the Company must co-operate to ensure that the dispute resolution procedures are carried out as expeditiously as is reasonably possible. 41.3 36.3 Safety issues shall be isolated from industrial matters and any issue or dispute relating to safety shall be dealt with in accordance with Company procedure and Clause 40 34 of this Agreement. 41.4 36.4 Final settlement of the dispute will not be prejudiced by continuance of work under the dispute and grievance procedure in this Agreement. 41.5 In exercising its powers 36.5 All parties are entitled to be represented by a person of their choice at any stage of this procedure or in relation to any matters dealt with under this Clause, the FWC must not make any procedure. 36.6 Any decision, order, recommendation, order or suggest any resolution, suggested resolution of a matter raised grievance under this Clause which would shall not be inconsistent with the Code for the Tendering andany relevant legislation or regulations.