Common use of Disputes Settling Procedure Clause in Contracts

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 Board, and may deal with the matter afresh or conduct any hearing afresh and substitute its decision for that of the Disputes Board. In conducting a review, it is not necessary for FWC to determine whether the decision of the Disputes Board was affected by error. (h) A decision of the Disputes Board or FWC made pursuant to this clause 15.2 must not be inconsistent with the Building Code 2016 or legislative obligations. (i) For the purposes of the disputes procedure: (i) At all stages of this procedure, those involved in the dispute may seek the assistance of the Union, an Employee Representative, Employer representative (if any) and/or other representative.