Common use of Disputes Settling Procedure Clause in Contracts

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 Fair Work Commission to the full bench. 12.8 Until the dispute resolution procedures referred to in sub-clauses 12.1 to 12.7 have been exhausted: (a) work shall continue in the normal way; (b) no industrial action shall be taken by a party in respect of the matter that is the subject of the dispute; and (c) the parties to the dispute shall not take any other action likely to exacerbate the dispute.

Disputes Settling Procedure. All 16.1 This clause sets out the procedures for resolving disputes arising over the operation of this agreement. The intention is to try and address matters arising in the work area concerned. If the matter involves issues affecting two or more work areas then it may be referred to the site consultative committee for consideration, however this will not operate to restrict or limit the operation of these procedures. If the matter requires urgent consideration or concerns matters involving either individual employees or single work areas or involves laboratory and/or maintenance employees, then it will be dealt with directly between employees, and if requested their representatives and the Institute have an interest in the proper application of the AgreementCompany. Where any dispute arises concerning any matter arising under this Agreement, National Employment Standards or any other employment The following process will apply for all matters, the following procedure shall apply: 12.1 An Employer or Employee Step 1 The employee/s concerned will first meet and confer with their immediate supervisor. A party to the dispute may appoint another person, organisation or association to accompany and /or 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 relation 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 If the Agreement matter involves issues affecting two 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 appointedmore work areas, and management representative(s) will meet within five working daysit is practicable to do so, 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, then 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 agreedsite consultative committee for consideration. 12.5 Where Step 2 If the dispute matter is not resolved following at Step 1 the steps sub-clause 12.3 parties will arrange further discussions involving more senior site management, which may involve management representatives from other company offices. Step 3 If a dispute in relation to 12.4a matter arising under the agreement is unable to be resolved at the workplace under Step 2, the matter dispute may be referred by either party to the dispute to Australian Industrial Relations Commission (the Fair Work Commission Commission) for resolution by mediation and /or and/or conciliation and, if necessarywhere the matter in dispute remains unresolved, arbitration. If arbitration is necessary the Commission may exercise procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make arbitration effective. 12.6 If 16.2 In order to facilitate this procedure: i) the Fair Work Commission arbitrates party with the disputegrievance must notify the other party at the earliest opportunity of the problem; ii) throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and iii) Sensible time limits must be allowed for completion of the various stages of discussion. However, it may also use the powers parties must co-operate to ensure that the disputes resolution procedures are available to it under the Fair Work Actcarried out as quickly as possible. 12.7 The parties agree to be bound by and implement any decision 16.3 It is a term of the Fair Work Commission subject to either party exercising a right of appeal against the decision of the Fair Work Commission to the full bench. 12.8 Until this agreement that while the dispute resolution procedures referred to in sub-clauses 12.1 to 12.7 have been exhausted: (a) procedure is being conducted work shall continue in normally unless an employee has a reasonable concern about an imminent risk to his or her health or safety however the normal way; (b) no industrial action shall be taken employee must not unreasonably fail to comply with a direction by a party in respect of the matter Company to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the subject of the dispute; and (c) the parties employee to the dispute shall not take any other action likely to exacerbate the disputeperform.