Disputes Procedures Clause Samples

Disputes Procedures. H.6 Savings Te penapena pūtea H.7 Professional Fees and Registrations Ngā Nama Ngaio me ngā Rēhitatanga

Disputes Procedures. Disputes concerning the interpretation, application or operation of this contract will be settled in accordance with the procedures prescribed in the Employment Relations Act 2000.

Disputes Procedures. 14.1 Disputes and differences arising between the Individual and the Producer. a) every endeavour shall be made by the authorised representative of the Producer, the authorised unit representative of BECTU (if any) and the Individual(s) concerned to resolve the matter at the place at which it has arisen. Failing such resolution within twenty four hours:- b) the matter shall be referred to a senior representative of the Producer and the appropriate full time official of BECTU, who shall, in consultation with the Individual(s) and the Producer’s representative(s) concerned, make every endeavour to resolve it. Failing such resolution within seventy two hours:- c) the matter shall be referred to an industry panel consisting of two representatives each of PACT and BECTU, who shall not be those directly concerned with the matter in dispute. This meeting shall be held within one week of either party receiving a written request for the meeting from the other. The Chair of the panel shall alternate. Each member including the Chair shall have one vote. If the decision of the panel is unanimous then it shall be binding. If the panel is unable to reach a unanimous decision, and if either party wishes to pursue the matter, the following stage will apply:- d) within seventy two hours either party may refer the matter to the Advisory, Conciliation and Arbitration Service, for conciliation or by mutual agreement for arbitration. In the event that no reference is made to ACAS or elsewhere, or such reference fails to achieve an agreed or arbitrated outcome, the Disputes Procedure shall be exhausted. 14.2 The Producer and Individual agree to accept as final and binding any resolution of a dispute, reached under the Disputes Resolution procedure. No stoppage of work or lock-out shall take place until the procedure has been invoked and all stages of it exhausted, and the guiding principle shall be that whatever practice or custom was in operation before the registration of a dispute under this clause shall continue until the procedures laid down have been exhausted. Note: Reference to periods of twenty four and seventy two hours are to be interpreted as excluding Saturdays, Sundays and Declared Holidays.

Disputes Procedures. 8.1 If a dispute relates to: 8.1.1 A matter arising under the agreement; or 8.1.2 the National Employment Standards; this term sets out procedures to settle the dispute. 8.2 An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term. 8.3 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. 8.4 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. 8.5 The Fair Work Commission may deal with the dispute in 2 stages: 8.5.1 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 8.5.2 If the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: 8.5.2.1 Arbitrate the dispute; and 8.5.2.2 Make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision 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. 8.6 While the parties are trying to resolve the dispute using the procedures in this term: 8.6.1 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 8.6.2 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: 8.6.2.1 the work is not safe; or 8.6.2.2 applicable occupational health and safety legislation would not permit the work to be performed; or 8.6.2.3 the work is not appropriate for the employee to perform; or 8.6.2.4 there are other reasonable grounds for the employee to refuse to comply with the direction. 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.

Disputes Procedures. The parties agree that, subject to the provisions of the New South Wales Industrial Relations ▇▇▇ ▇▇▇▇, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question: 25.1 Any grievance or dispute which arises shall, where possible, be settled by discussion on the job between the employee(s) and the immediate supervisor. 25.2 If the matter is not resolved at this level, it will be further discussed between the affected employee(s) and the Union delegate or, where appropriate, another nominated representative and the employer. Both the employer’s industrial representative and the employee’s Union representative may be notified. 25.3 If no agreement is reached within a reasonable time period, the Union Secretary or his/her representative or where appropriate a nominated representative will discuss the matter with the employer’s nominated industrial relations representative. 25.4 Whilst the foregoing procedure is being followed work shall continue normally. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub clause. 25.5 Should the matter still not be resolved within a reasonable time period it may be referred to the Industrial Relations Commission of New South Wales for settlement by either party. 25.6 The parties shall, at all times, confer in good faith and without undue delay. 25.7 During the discussions the status quo shall remain and work shall proceed normally in accordance with this Agreement and without stoppage or the imposition of any ban, limitation or restriction. "Status quo" shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute.

Disputes Procedures. The primary objectives of this clause must be recognised by all parties as: (a) That normal work continues throughout the steps in the process (except for bona fide safety issues) and that the status quo at the point at which the grievance is lodged prevails until the process is completed. (b) That genuine efforts be made to settle the dispute as close as possible to its source and that graduated steps be provided for resolution. (c) That the steps be performed within reasonable time limits. (d) That, while the "assistance" of members of the tribunal can be sought at any stage, the formal processes of the Commission should not be available to either party while the procedures are being followed. The following steps will apply: Step 1 Should a dispute arise, then the worker and the delegate shall confer with the Line Supervisor or Manager. This must be accomplished within the working shift. Step 2 In the event of failure to resolve the dispute the matter will be referred to the appropriate Departmental Manager. The delegate and/or co-delegate shall confer with the Departmental Manager and any other relevant manager. This action will take place within one working day from the time that the original discussions took place. Step 3 In the event of failure to resolve the dispute, the delegate and/or co-delegate together with their Union Organiser shall confer with the Departmental Manager or any other relevant manager and attempt to reach a settlement. Step 4 In the event of failure to resolve the dispute; the appropriate Industrial Tribunal shall be requested to arrange a Conciliation Conference. The parties will then attempt to reach settlement. Step 5 Should a settlement not be reached by Conciliation, the dispute will proceed to Arbitration in the normal matter and both parties agree to abide by the decision of the Industrial Tribunal. Classification and Wage Structure Classifications Wages $ per Week 10/04/03 Year 1 ⇑ 4.5% 11/11/03 Year 2 ⇑ 4.5% 11/11/04 Year 3 ⇑ 4% 1. Trainee Operator (Entry Level) 728.00 760.77 791.20 2. Skilled Operator 824.16 861.25 895.70 3. Operator Maintainer I 865.37 904.32 940.49 4. Operator Maintainer II 920.33 961.75 1000.22 EA Y2 $696.66 $788.67 $828.11 $880.70 $929.65 $982.25 ENTRY SKILLED OP'TOR OP'TOR TEAM TEAM OP'TOR OP'TOR MAINT 1 MAINT 2 LEADER (OM1) LEADER (OM2) Base Payment for 38 Hours/week $728.01 $824.16 $865.37 $920.33 $971.48 $1026.45 Rate/hour (for a 38 hr week) WK NO. DAY NO. DAY SHIFT BASIS 1 1 MON 0600-1800 $252...

Disputes Procedures. (a) The aim of the disputes procedure is to facilitate a resolution of any complaint, grievance or dispute as quickly as possible, and in a manner that is fair to all concerned. (b) Where any employee has a complaint or grievance they shall discuss the issue with their supervisor, who shall immediately attempt to resolve the issue. (c) Should the issue not be resolved at this point, the matter shall be raised with the Operations Manager - who shall attempt to resolve the issue. (d) Should the matter not be resolved at this level, either party shall have the right to refer the issue to the Australian Industrial Relations Commission (AIRC) for assistance and resolution. (e) Normal work shall proceed whilst the parties attempt to resolve the matter unless an employee has a reasonable concern about an imminent risk to their health and safety.

Disputes Procedures. 26.1 The aim of this procedure is to ensure that where there is potential for dispute, agreed steps are followed to enable speedy resolution. These steps will commence at the workplace and involve minimal formality. 26.2 At any stage of the procedure, a party to the grievance or dispute may:

Disputes Procedures. Any dispute arising from the implementation or operation of these Redundancy Provisions or the application of the relevant provisions in relation thereto shall be dealt with in accordance with clause 51 (Dispute Resolution Procedure). 1 6 2 8 3 11 4 14 5 16 6 18 7 21 8 24 9 27 10 30 11 33 12 36 13 39 14 42 15 45 16 48 17 51 18 54 19 57 20 60 21 63 22 66 23 69 24 72 25 75 26 78 27 81 28 84 29 87 30 90 31 93 32 96 33 99 34 102 35 105 36 108 37 111 38 114 39 117 40 120 (1) In addition to the above scale of payment, the method of calculating total entitlements will take into account each completed calendar month of service in excess of the relevant completed years of service. (2) Payments are capped at 120 weeks.