Disputes Settling Procedure Sample Clauses
The Disputes 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 litigation can be pursued, 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.
Disputes Settling Procedure.
a) The parties agree that one of the fundamental objectives of this Agreement is to eliminate lost time in the event of a dispute. Further, the parties agree that it is in the best interests of both parties to achieve prompt resolution of disputes directly between the Employee(s) concerned and the Company.
b) The dispute settlement procedure in this clause shall apply to disputes about any matters arising from or related to the Employee-Company relationship including, without limitation, the Agreement, and the National Employment Standards.
c) Any disputes in relation to, or in connection with the content or application of company policies or procedures, are within the scope of, and shall be dealt with via, the dispute resolution procedure.
d) The most effective procedure to achieve the prompt resolution of disputes is for the responsibility for resolution to remain as close to the source as is possible. It is with this uppermost in mind that the parties agree to strictly adhere to the following dispute settlement procedure:
(i) Where a dispute arises, the matter shall be first submitted by the employee or Employee Representative (if any) to the supervisor or another appropriate manager, or vice versa. If not settled, the matter shall be referred to more senior persons.
(ii) At any stage in the process an Employee(s) may nominate a third party of their choice to represent them.
(iii) Reasonable time limits must be met and allowed for discussions at each level of authority. If the dispute is not resolved the Company must provide a response to the Employee(s) grievance including the reasons for not implementing any proposed remedy.
(iv) The status quo before the emergence of the dispute shall continue whilst the dispute settlement procedure is being followed. For this purpose “status quo” means the work procedures and practices in place immediately prior to the change that gave rise to the dispute.
(v) Matters which are based on a reasonable concern by an Employee about an imminent risk to an Employee’s health or safety shall be excluded from the DSP. Where a matter is raised involving such an issue, the Employee shall agree to comply with a direction by the Company to perform other available work which is safe and reasonable and within their skills and competence with no reduction in the rostered rate of pay of the Employee while the alternative work is being performed.
(vi) No party shall be prejudiced as to the final settlement by the continuance of wor...
Disputes Settling Procedure. Any dispute in relation to this clause may be referred to the Western Australian Industrial Relations Commission.
(1) Discussions Before terminations
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with their union or unions.
(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of paragraph (a) of this subclause and shall cover among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to minimise any adverse affect of any terminations on the employees concerned.
(c) For the purpose of such discussion the employer shall provide in writing to the employees concerned and their union or unions, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer’s interests.
Disputes Settling Procedure. The parties will aim to reduce the incidence of lost time through the elimination of restrictive practices and ineffective management. Close consultation and co-operation with those directly affected and through the effective operation of dispute prevention and settlement procedures shall prevail. The parties to this Agreement shall observe the following procedure;
13.1 The matter shall be first submitted by the local ETU representative to the supervising officer or other appropriate company representative, and if not settled, to a more senior company representative in accordance with local procedure .
13.2 If not settled, the matter shall be formally submitted by the State Secretary or other appropriate official of the ETU /Independent Electrical Switchboard Manufactures Association (IESMA) if a member or the company nominated representative.
13.3 If still not settled, the matter may be submitted to the Australian Industrial Relations Commission for conciliation and/or arbitration.
13.4 While the above procedure is being followed, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the employer, failure to continue shall be a breach of the
Disputes Settling Procedure. 25.1. General Disputes Resolution Procedure
(a) Where a dispute arises over permitted matters (as currently defined in the Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, Apprentice or Apprentice Representative (if any) to the supervising officer or another appropriate manager, or vice versa. If not settled, the matter may be referred to more senior persons.
(b) While this procedure is being followed the status quo that existed immediately prior to the events that gave rise to the dispute will remain and, subject to this, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement.
(c) No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.
(d) If still not settled, either party may submit the matter, in accordance with this clause, to:
(i) the Disputes Board for conciliation and/or, if conciliation does not resolve the dispute, arbitration; or
(ii) directly to FWC for conciliation and/or arbitration, or for a review of an arbitrated decision of the Disputes Board.
(iii) To avoid doubt, a party to a dispute may:
(iv) apply to FWC notwithstanding the fact that the Disputes Board has already conciliated the matter; or
(v) if the Disputes Board has arbitrated the matter, apply to FWC for a review of the decision within 14 days of the decision having been made; or
(vi) elect to submit the matter directly to FWC without first going to the Disputes Board.
(e) If a matter is submitted to the Disputes Board:
(i) The decision of the Disputes Board is binding on the parties, subject to the right to review in accordance with this clause.
(f) Where a matter does progress to FWC for arbitration or review, its decision shall be final and binding on the parties, subject to either party exercising any right of appeal against the decision to a Full Bench.
(g) In conciliating or arbitrating a matter under this clause, or conducting an appeal under this clause, FWC may exercise such procedural and other powers in relation to conferences, hearings, witnesses, evidence and submissions as are necessary to make the conciliation, arbitration, arbitration hearing, or review effective. To avoid doubt, in conducting a review, FWC is not confined to a consideration of the materials before the Disputes Bo...
Disputes Settling Procedure. The following dispute settlement procedures will apply to all disputes arising between the State Transit Authority, ▇▇▇▇▇▇’▇ Union of Australia, NSW Branch and employees covered by this Agreement:
(i) Where a dispute arises at the workplace the matter will be settled where possible between the employee/s concerned or their representatives and their immediate supervisor. Written advice as to the matter/s in dispute to be provided.
(ii) Where the matter remains unresolved it shall be referred to the General Manager Newcastle Bus and Ferry Services, and representatives of the Employee Relations Manager, who will consult with officials of the Union/s involved.
(iii) If the matter remains unresolved either party may refer the matter to the NSW Industrial Relations Commission for resolution
(iv) It is agreed that no disruptions to work shall occur during the process of steps (i) to (iii) above, except where a genuine safety issue is involved.
Disputes Settling Procedure. All employees and the Institute have an interest in the proper application of the Agreement. Where any dispute arises concerning any matter arising under this Agreement, National Employment Standards or any other employment matters, the following procedure shall apply:
12.1 An Employer or Employee may appoint another person, organisation or association to accompany and /or represent them for the purpose of this Clause. The Employer recognises the Union as a representative of an employee who is a member of the Union under these procedures.
12.2 In the first instance an Employee or their representative(s), must notify the appropriate representative of management of the dispute in writing (‘the dispute notification’). An appropriate representative of management may be the relevant line manager or if the Employee believes the line manager is not appropriate the Employee may ask the Human Resources Manager to refer the matter to another office. A Union party to this Agreement may also initiate this procedure by raising a dispute with the Institute in writing.
12.3 The dispute notification must be in writing and include details of the dispute. The dispute notification should also make reference to Clause(s) of the Agreement or the National Employment Standards in relation to which the dispute has arisen and indicate the resolution(s) sought. A copy of the dispute notification will be sent to the Human Resources Manager. The Employee(s), Employee representative(s) if one has been appointed, and management representative(s) will meet within five working days, unless otherwise agreed, in an effort to resolve the dispute.
12.4 Where after the completion of sub-clause 12.3, the dispute remains unresolved, the matter may be referred in writing to the next level of management. A meeting must be held within five working days of the dispute being referred in a further effort to resolve the dispute, unless otherwise agreed.
12.5 Where the dispute is not resolved following the steps sub-clause 12.3 to 12.4, the matter may be referred by either party to the dispute to the Fair Work Commission for resolution by mediation and /or conciliation and, if necessary, arbitration.
12.6 If the Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act.
12.7 The parties agree to be bound by and implement any decision of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the...
Disputes Settling Procedure. When the parties to this agreement are in dispute over any issue that directly affects the interests of any of the parties, the dispute will be dealt with in accordance with this clause.
Step 1 where a dispute arises at the workplace the matter will be settled where possible between the employee/s concerned or their representatives and their immediate supervisor. Written advice as to the matter/s in dispute to be provided. Where practical, a genuine attempt to resolve the dispute should be made within 24 hours of the dispute being raised.
Step 2 where the matter remains unresolved it shall be referred to the general manager Newcastle bus and ferry services, and representatives of the employee relations manager. The employee or their representative and or local union delegate may also refer it to a to a union official, who refer must attempt to resolve the dispute. Step 3 if, following action under steps 1 through to 3 a dispute remains unresolved, the employee, their representative or a union, or the manager, employee relations, may refer the matter to the general manager human resources (or, at the discretion of the general manager, human resources, the chief executive) for further attempt at resolution between the parties. Step 4 if, following action under steps 1 to 4, the dispute remains unresolved, a party to the dispute must refer the dispute to unions new (advice to be provided to other party/ies) following which a 72 hour cooling off period (exclusive of weekends and public holidays) will apply, to enable unions to assist in the resolution of the dispute. Step 5 if, following action under steps 1 to 4, the dispute remains unresolved any party to the dispute may refer the matter to the New South Wales Industrial Relations Commission for resolution. The parties acknowledge that, where a dispute involves a matter where a genuine, serious and immediate risk is posed to the health or safety of any person, it may not be practical to follow the procedures in this sub clause in attempting to resolve the dispute; and that an urgent reference to the relevant tribunal may be required.
Disputes Settling Procedure. There will be three (3) stages which must be followed through unless resolution of the issue/s is achieved before or during one of the stages and provided that either party has the right at any time to raise an issue at a higher stage:
(a) Stage 1: The issue/s will be raised between the employee/s and the immediate supervisor/s or if the employee/s so desires with the Union representative on site and discussions of the issue/s will take place between the immediate employer supervisors and the Union representatives on site and/or the employee/s concerned.
(b) Stage 2: The issue/s will be discussed by more senior employee management and the Union representative/s on site.
(c) Stage 3: The issue/s will be discussed by Union representatives as determined by the Union's executive and employer representatives.
Disputes Settling Procedure. 35.1 It is agreed that every endeavour will be made by the parties to speedily and amicably settle any dispute which may arise by direct consultation and as appropriate, negotiation. To facilitate the settlement of such dispute, the following procedure shall apply;
35.2 During all discussions the status quo will be maintained.
35.3 Employee with or without their accredited union delegate shall discuss matters affecting them directly with the appropriate Manager and seek agreement or resolution at that level. If agreement of an acceptable response is not achieved within one working day or another mutually agreed time period, the employee (with or without the accredited union delegate), or in his/her absence, the nominated deputy, shall discuss the matter affecting the employee/s represented with the Site Leader.
35.4 If agreement or resolution is not achieved within one working day or another mutually agreed time period, or in the absence of the above Manager, a meeting will be arranged to discuss the matter with the Director, Corporate Policy.
35.5 If the matter cannot be resolved at this level within two working days, discussions shall continue between the appropriate representatives of Pfizer and the employee. At this time, the dispute may be referred to the New South Wales Industrial Relations Commission for conciliation and/or arbitration and other forms of assistance which may be acceptable to all parties.
35.6 In order to allow for the peaceful resolution of disputes all work shall continue as normal without interruption while the dispute settling procedure is being followed.
35.7 It is further agreed that any stop-work meeting required by Union officials and/or Site Union Delegate, should be held outside the normal working hours of the site, where practicable.
Disputes Settling Procedure. 17.1 In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties 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.