Grievance and Dispute Settlement Procedure. 32.1 It is agreed that every endeavour will be made to amicably resolve grievances or disputes over the application of this Agreement, where they arise, by direct consultation between the parties in dispute. Issues should be resolved at the site level wherever possible. 32.2 To facilitate the speedy and efficient resolution of disputes: 32.2.1 the party with the grievance must notify the other party at the earliest opportunity of the problem; 32.2.2 throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and 32.2.3 sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the dispute resolution procedure is carried out as quickly as possible. 32.3 If any party fails, within a reasonable time, to follow (or clearly indicates its intent not to follow) any step of this procedure then the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately bypass the earlier steps of the dispute resolution procedure outlined below, and progress immediately to the Commission. 32.4 Any dispute/s or grievance over the application of this Agreement or in relation to the National Employment Standards will be dealt with in the following manner: 32.4.1 The employee concerned will first meet and confer with their immediate supervisor. The employee/s may choose any another person to act on their behalf including a shop ▇▇▇▇▇▇▇ or delegate of their Union. An employee representative will be allowed the necessary time during working hours to discuss the matter with the employee/s and the supervisor. 32.4.2 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may choose to invite a Union official or any other representative to be involved in the further discussions if they so elect. The Company may also invite a representative to be involved in the discussions. 32.4.3 If the matter remains unresolved the Company may refer it to a more senior level of management or to another representative. The employee may continue to involve a representative and may choose to invite a more senior Union official or any other representative of the Employee to be involved in the discussions. 32.4.4 In the event there is still no agreement the parties will commence a cooling off period of not less than 2 days to assess their respective positions. The process will then resume for one more attempt at clause 32.4.3. In the event the meeting at clause 32.4.3 is held and again proves unsuccessful, parties then progress to the Commission. 32.4.5 If the matter remains unresolved it will be submitted to the Commission for conciliation and/or arbitration in which the arbitrated decision, subject to the parties' rights of appeal, will be accepted. 32.5 Whilst the processes are being followed the parties will be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice in accordance with this Agreement. 32.6 Until the matter is determined, work will continue to be performed in accordance with the Agreement under the reasonable direction of the Company without prejudice to the final outcome of the dispute resolution procedure except to the extent the employee has a reasonable concern about an imminent risk to their health or safety. 32.7 Subject to the relevant provisions of the OH&S Act, even if the employee has a reasonable concern about an imminent risk to their health or safety, the employee must not unreasonably fail to comply with a direction by the Company to perform other available work, whether at the same enterprise, that is safe and appropriate for the employee to perform.
Appears in 1 contract
Sources: Store Enterprise Agreement
Grievance and Dispute Settlement Procedure. 32.1 It is agreed that every endeavour will 2.1.1 The matters to be made to amicably resolve dealt with in this procedure shall include all grievances or disputes between “the Employee” and “the Employer” in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedures shall apply to a single Employee or to any number of “the Employees”. To avoid all doubt, this includes any disputes arising over the application implementation of this Agreementthe family leave award provision, where they arise, by direct consultation between as outlined in clause 7.5 of the parties in dispute. Issues should be resolved at the site level wherever possibleincorporated award.
32.2 To facilitate 2.1.2 In the speedy and efficient resolution event of disputes:
32.2.1 “the party Employee” having a grievance or dispute “the Employee” shall in the first instance attempt to resolve the matter with the grievance must notify immediate supervisor, who shall respond to such request as soon as reasonably practicable under the other party at circumstances. Where the earliest opportunity dispute concerns alleged actions of the problem;
32.2.2 throughout immediate supervisor “the Employee/s” may bypass this level in the procedure. An employee may choose to involve a representative at any or all stages of this procedure.
2.1.3 If the procedure all relevant facts must be clearly identified and recorded; andgrievance or dispute is not resolved under clause 2.1.2 “the Employee” or, if “the Employees” so chooses, “the Employee’s” nominated representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by “the Employee” or “the Employee’s” nominated representative.
32.2.3 sensible time limits must be allowed for completion 2.1.4 If the grievance involves allegations of unlawful discrimination by a supervisor “the Employee” may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the various stages supervisor concerned. If there is no level of discussion. Howevermanagement beyond that involved in the allegation “the Employee” may proceed directly to the process outlined at clause 2.1.5.
2.1.5 If the grievance or dispute is still unresolved after discussions mentioned in clause 2.1.2 and 2.1.3, the matter shall be reported to the senior management of “the Employer” and or “the Employer’s” nominated representative. This should occur as soon as it is evident that discussions under clause 2.1.2 and 2.1.3 will not likely result in resolution of the dispute.
2.1.6 If the grievance or dispute remains unresolved after the parties must co-operate have genuinely attempted to ensure reach a resolution in accordance with clauses 2.1.2 to 2.1.5, either party may refer the grievance or dispute to the Australian Industrial Relations Commission ('the Commission') under Division 5 of Part 13 of the Workplace Relations Act 1996 (Cth) ('the Act') for resolution. Subject to the procedures of the Commission, a grievance or dispute that is referred to the Commission under this clause will be dealt with by either Commissioner or Commissioner, who hold the office of member of the Commission under the Act.
2.1.7 If neither of these members are available to conduct the dispute resolution procedure is carried out as quickly as possible.
32.3 If process for any party fails, reason within a reasonable time, the grievance or dispute will be dealt with by one of the following members who hold the office of member of the Commission under the Act, subject to follow (availability: Commissioner or clearly indicates its intent not to follow) Commissioner.
2.1.8 If for any step of this procedure then the non-breaching party will reason an appointment cannot be obligated to continue through made in accordance with the remaining steps above, the grievance or dispute will be dealt with by a member nominated by either the head of the procedure, and may immediately bypass relevant panel or the earlier steps President of the dispute resolution procedure outlined below, and progress immediately to the Commission.
32.4 Any 2.1.9 In conducting the dispute resolution process with respect to the grievance or dispute, the Commissioner is empowered to take such action as is appropriate to assist the parties to resolve the matter and including:
(a) Arranging conferences of the parties or their representatives at which the Commission is present;
(b) Arranging for the parties or their representatives to confer among themselves at conferences at which the Commission is not present;
(c) Consult with the parties individually and/or collectively, formally and/or informally (however the Commissioner must not allow the process of consultation to delay the process of resolving the dispute);
(d) Request oral or written submissions;
(e) Conduct site visits;
(f) Require other processes or procedures to be undertaken so as to enable the Commission to determine the grievance or dispute in a just and expeditious way;
(g) Do all such things as are necessary to implement the decision of the Commissioner.
2.1.10 The Commission must, as far as is practicable, act:
(a) without delay;
(b) in a way that avoids unnecessary technicalities and legal forms; and
(c) in accordance with “The Agreement”.
2.1.11 Each party to this dispute resolution process commits to require/s and or direct the attendance of any person or persons in their respective employ at any proceeding that the Commission may convene if the Commission considers that person or persons would be of assistance in the determination of the industrial dispute. Failure to honour such commitment may be taken into account by the Commission in arbitrating the dispute.
2.1.12 Each party to this dispute resolution process commits to produce to the Member any documents, books, records or other things etc. as the Commission may require to assist it to conciliate and/or arbitrate an industrial dispute. Failure to honour such commitment may be taken into account by the Commission in arbitrating the dispute.
2.1.13 The parties to this dispute resolution process may be represented by an agent appointed in writing or if the party or person is an organisation, an officer or member of the organisation.
2.1.14 During the process of conciliation the Commission may only permit a party or person to be represented by a lawyer, if and only if, all parties to the grievance over or dispute consent. However, during arbitration and/or the application appeal process either party may seek leave from the Commission to be legally represented. In considering the granting of this Agreement or such leave the Commission must be satisfied of the benefits of having legal representation, having regard to the matter the proceedings relate to, that there are special circumstances that make it desirable for the party to be legally represented and that the party can only be adequately represented by a lawyer.
2.1.15 Where the parties to a dispute are unable to reach agreement in relation to particular aspects of a matter the National Employment Standards Commission may make recommendation/s about those aspects of the matter.
2.1.16 Within three working days of the Commission making such recommendation/s, the parties to the dispute are to inform the Commission whether or not they intend to comply with the recommendation/s of the Commission.
2.1.17 Where either party has either failed to inform the Commission that they intend to comply with the recommendation/s within three working days or has advised the commission that they do not intend to comply with the recommendation/s the Commissioner will, subject to the procedures of the Commission, list the matter for arbitration.
2.1.18 In arbitrating the matter the Commission will give the parties an opportunity to be heard formally on the matter(s) in dispute.
2.1.19 In making its decision the Commission will;
(a) have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation;
(b) be governed in its decisions by equity, good conscience and the substantial merits of the case;
(c) not be bound by technicalities, legal forms or rules of evidence;
(d) may inform itself on any matter it considers appropriate to resolve the grievance or dispute; and (e) ensure that its decision is consistent with the Code and Guidelines, and with legislative objectives.
2.1.20 The Commission will provide the decision in writing to the parties as quickly as practicable after hearing the parties.
2.1.21 Appeal from commissioner’s decision.
(a) A person or party dissatisfied with a decision of the commission may in accordance with “The Agreement”, appeal against the decision to the full bench, with the leave of the full bench.
2.1.22 Subject to the procedures of the Commission, an appeal under this clause will be dealt with in by three of the following manner:Commissioners (excluding the Commissioner whose decision is being appealed) and who hold the office of member of the Commission under the Act.
32.4.1 The employee concerned will first meet and confer 2.1.23 If, for any reason, the appointment of a full bench cannot be made in accordance with their immediate supervisor. The employee/s may choose any another person to act on their behalf including a shop ▇▇▇▇▇▇▇ or delegate of their Union. An employee representative sub clause 2.1.22, above, the appeal will be allowed dealt with by three members who are nominated by either the necessary time during working hours to discuss the matter with the employee/s and the supervisor.
32.4.2 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may choose to invite a Union official or any other representative to be involved in the further discussions if they so elect. The Company may also invite a representative to be involved in the discussions.
32.4.3 If the matter remains unresolved the Company may refer it to a more senior level of management or to another representative. The employee may continue to involve a representative and may choose to invite a more senior Union official or any other representative head of the Employee to be involved in relevant panel or the discussions.
32.4.4 In the event there is still no agreement the parties will commence a cooling off period President of not less than 2 days to assess their respective positions. The process will then resume for one more attempt at clause 32.4.3. In the event the meeting at clause 32.4.3 is held and again proves unsuccessful, parties then progress to the Commission.
32.4.5 If the matter remains unresolved it will be submitted to the Commission for conciliation and/or arbitration in which the arbitrated decision, subject to the parties' rights of appeal, will be accepted.
32.5 Whilst the processes are being followed the parties will be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice in accordance with this Agreement.
32.6 Until the matter is determined, work will continue to be performed in accordance with the Agreement under the reasonable direction of the Company without prejudice to the final outcome of the dispute resolution procedure except to the extent the employee has a reasonable concern about an imminent risk to their health or safety.
32.7 Subject to the relevant provisions of the OH&S Act, even if the employee has a reasonable concern about an imminent risk to their health or safety, the employee must not unreasonably fail to comply with a direction by the Company to perform other available work, whether at the same enterprise, that is safe and appropriate for the employee to perform.
Appears in 1 contract
Sources: Collective Agreement
Grievance and Dispute Settlement Procedure. 32.1 It is agreed that every endeavour will be made to amicably resolve grievances or disputes over the application of this Agreement, where they arise, by direct consultation between the parties in dispute. Issues should be resolved at the site level wherever possible.
32.2 To facilitate the speedy and efficient resolution of disputes:
32.2.1 : the party with the grievance must notify the other party at the earliest opportunity of the problem;
32.2.2 ; throughout all stages of the procedure all relevant facts must be clearly identified and recorded; and
32.2.3 and sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the dispute resolution procedure is carried out as quickly as possible.
32.3 If any party fails, within a reasonable time, to follow (or clearly indicates its intent not to follow) any step of this procedure then the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately bypass the earlier steps of the dispute resolution procedure outlined below, and progress immediately to the Commission.
32.4 Any dispute/s or grievance over the application of this Agreement or in relation to the National Employment Standards will be dealt with in the following manner:
32.4.1 : The employee concerned will first meet and confer with their immediate supervisor. The employee/s may choose any another person to act on their behalf including a shop ▇▇▇▇▇▇▇ or delegate of their Union. An employee representative will be allowed the necessary time during working hours to discuss the matter with the employee/s and the supervisor.
32.4.2 . If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may choose to invite a Union official or any other representative to be involved in the further discussions if they so elect. The Company may also invite a representative to be involved in the discussions.
32.4.3 . If the matter remains unresolved the Company may refer it to a more senior level of management or to another representative. The employee may continue to involve a representative and may choose to invite a more senior Union official or any other representative of the Employee to be involved in the discussions.
32.4.4 . In the event there is still no agreement the parties will commence a cooling off period of not less than 2 days to assess their respective positions. The process will then resume for one more attempt at clause 32.4.3. In the event the meeting at clause 32.4.3 is held and again proves unsuccessful, parties then progress to the Commission.
32.4.5 If the matter remains unresolved it will be submitted to the Commission for conciliation and/or arbitration in which the arbitrated decision, subject to the parties' rights of appeal, will be accepted.
32.5 Whilst the processes are being followed the parties will be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice in accordance with this Agreement.
32.6 Until the matter is determined, work will continue to be performed in accordance with the Agreement under the reasonable direction of the Company without prejudice to the final outcome of the dispute resolution procedure except to the extent the employee has a reasonable concern about an imminent risk to their health or safety.
32.7 Subject to the relevant provisions of the OH&S Act, even if the employee has a reasonable concern about an imminent risk to their health or safety, the employee must not unreasonably fail to comply with a direction by the Company to perform other available work, whether at the same enterprise, that is safe and appropriate for the employee to perform.clause
Appears in 1 contract
Sources: Enterprise Agreement
Grievance and Dispute Settlement Procedure. 32.1 It is agreed that every endeavour will be made it is in the interest of all parties to amicably resolve grievances manage resolution of any conflict by means which do not disrupt the operations of the workplace. In the event of any workplace grievance and/or disagreement between the parties as to the interpretation or disputes over the application implementation of this Agreement, where they arise, by direct consultation between the parties in disputefollowing procedure will be followed. Issues This Agreement recognises that employees’ grievances should be resolved at speedily, effectively and informally between the site employee and supervisor where possible and without the need for recourse to industrial action. The following procedure will apply for the resolution of any dispute:
1. The employee is to notify (in writing or otherwise) the supervisor the nature of the grievance and the remedy being sought. If, however, the dispute relates to, or directly involves the employee’s supervisor, then the matter shall be referred directly to the next level wherever possibleof management.
32.2 To facilitate 2. A meeting between the speedy employee and efficient resolution of disputes:
32.2.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
32.2.2 throughout all stages of the procedure all relevant facts must supervisor is to be clearly identified and recorded; and
32.2.3 sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the dispute resolution procedure is carried out held as quickly soon as possible.
32.3 If any party fails, within a reasonable time, to follow (or clearly indicates its intent not to follow) any step of this procedure then the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately bypass the earlier steps of the dispute resolution procedure outlined below, and progress immediately to the Commission.
32.4 Any dispute/s or grievance over the application of this Agreement or in relation to the National Employment Standards will be dealt with in the following manner:
32.4.1 The employee concerned will first meet and confer with their immediate supervisor. The employee/s may choose any another person to act on their behalf including a shop ▇▇▇▇▇▇▇ or delegate of their Union. An employee representative will be allowed the necessary time during working hours practicable to discuss the matter with the employee/s and the supervisormatter. The meeting should be held within forty-eight (48) hours of notification.
32.4.2 3. If the matter is not resolved at such a meeting this meeting, the parties will arrange further employee may request the supervisor refer the matter to the Head of the Department. Further discussions involving more senior management as appropriateall parties are to be held again within forty-eight (48) hours, if practicable.
4. The If the matter is not resolved at this meeting, the employee may choose request the supervisor refer the matter to invite a Union official or any other representative the Chief Executive Officer. Further discussions involving all parties are to be involved in the further discussions held again within forty-eight (48) hours, if they so elect. The Company may also invite a representative to be involved in the discussionspracticable.
32.4.3 5. If the matter remains unresolved the Company unresolved, then either party may refer it to a more senior level of management or to another representative. The employee may continue to involve a representative and may choose to invite a more senior Union official or any other representative of the Employee to be involved in the discussions.
32.4.4 In the event there is still no agreement the parties will commence a cooling off period of not less than 2 days to assess their respective positions. The process will then resume for one more attempt at clause 32.4.3. In the event the meeting at clause 32.4.3 is held and again proves unsuccessful, parties then progress matter to the Commission.
32.4.5 If the matter remains unresolved it will be submitted to the Queensland Industrial Relations Commission for conciliation and/or arbitration in which the arbitrated decision, subject to the parties' rights of appeal, will be accepted.
32.5 Whilst the processes are being followed the parties will be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice in accordance with this Agreement.
32.6 Until the matter is determined, work will continue to be performed in accordance with the Agreement under Industrial Relations Act 2016 (Qld) for conciliation in the reasonable direction of first instance and if necessary arbitration. Any arbitrated decision will be binding on all parties. This procedure does not preclude either party from raising the Company without prejudice issue to a higher stage at any time having regard to the final outcome issue involved. While this procedure is being followed, normal work is to continue, except where there are genuine matters of the dispute resolution procedure except to the extent the employee has a reasonable concern about an imminent risk to their health or safety.
32.7 Subject safety involved in which case the officer will not work in an unsafe environment but where appropriate shall accept re- assignment to alternative suitable work/work environment in the relevant provisions meantime. In any steps of the OH&S Act, even if the employee has a reasonable concern about an imminent risk to their health or safetythis procedure, the employee must not unreasonably fail to comply with may be represented by a direction by member or members of the Company to perform other available work, whether at Enterprise Agreement Consultative Committee or the same enterprise, that is safe and appropriate for employee’s local delegate of the employee to performrelevant Union.
Appears in 1 contract
Sources: Enterprise Agreement
Grievance and Dispute Settlement Procedure. 32.1 It is agreed that every endeavour will be made it is in the interest of all parties to amicably resolve grievances manage resolution of any conflict by means which do not disrupt the operations of the workplace. In the event of any workplace grievance and/or disagreement between the parties as to the interpretation or disputes over the application implementation of this Agreement, where they arise, by direct consultation between the parties in disputefollowing procedure will be followed. Issues This Agreement recognises that employee grievances should be resolved at speedily, effectively, and informally between the site employee and supervisor where possible and without the need for recourse to industrial action. The following procedure will apply for the resolution of any dispute:
(a) The employee is to notify, in writing or otherwise, the Supervisor the nature of the grievance and the remedy being sought. If, however, the dispute relates to or directly involves the employee’s Supervisor, then the matter shall be referred directly to the next level wherever possibleof management.
32.2 To facilitate (b) A meeting between the speedy employee and efficient resolution of disputes:
32.2.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
32.2.2 throughout all stages of the procedure all relevant facts must Supervisor is to be clearly identified and recorded; and
32.2.3 sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the dispute resolution procedure is carried out held as quickly soon as possible.
32.3 If any party fails, within a reasonable time, to follow (or clearly indicates its intent not to follow) any step of this procedure then the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately bypass the earlier steps of the dispute resolution procedure outlined below, and progress immediately to the Commission.
32.4 Any dispute/s or grievance over the application of this Agreement or in relation to the National Employment Standards will be dealt with in the following manner:
32.4.1 The employee concerned will first meet and confer with their immediate supervisor. The employee/s may choose any another person to act on their behalf including a shop ▇▇▇▇▇▇▇ or delegate of their Union. An employee representative will be allowed the necessary time during working hours practicable to discuss the matter with the employee/s and the supervisormatter. The meeting should be held within forty-eight (48) hours of notification.
32.4.2 (c) If the matter is not resolved at such a meeting this meeting, the parties will arrange further employee may request the Supervisor to refer the matter to the Branch Manager. Further discussions involving more senior management as appropriate. The all parties are to be held again within forty- eight 48 hours, if practicable.
(d) If the matter is not resolved at this meeting, the employee may choose request the Supervisor to invite a Union official refer the matter to the General Manager or any other representative Chief Executive Officer. Further discussions involving all parties are to be involved in the further discussions held again within forty-eight 48 hours, if they so elect. The Company may also invite a representative to be involved in the discussionspracticable.
32.4.3 (e) If the matter remains unresolved the Company unresolved, then either party may refer it to a more senior level of management or to another representative. The employee may continue to involve a representative and may choose to invite a more senior Union official or any other representative of the Employee to be involved in the discussions.
32.4.4 In the event there is still no agreement the parties will commence a cooling off period of not less than 2 days to assess their respective positions. The process will then resume for one more attempt at clause 32.4.3. In the event the meeting at clause 32.4.3 is held and again proves unsuccessful, parties then progress matter to the Commission.
32.4.5 If the matter remains unresolved it will be submitted to the Queensland Industrial Relations Commission for conciliation and/or arbitration in which the arbitrated decision, subject to the parties' rights of appeal, will be accepted.
32.5 Whilst the processes are being followed the parties will be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice in accordance with this Agreement.
32.6 Until the matter is determined, work will continue to be performed in accordance with the Agreement under Industrial Relations Act 2016 (Qld) for conciliation in the reasonable direction of first instance and if necessary, arbitration. Any arbitrated decision will be binding on all parties. This procedure does not preclude either party from raising the Company without prejudice issue to a higher stage at any time having regard to the final outcome issues involved. While this procedure is being followed, normal work is to continue, except where there are genuine matters of the dispute resolution procedure except to the extent health or safety involved. In this case the employee has a reasonable concern about will not work in an imminent risk unsafe environment but where appropriate shall accept re-assignment to their health or safety.
32.7 Subject to alternative suitable work/work environment in the relevant provisions meantime. In any steps of the OH&S Act, even if the employee has a reasonable concern about an imminent risk to their health or safetythis procedure, the employee must not unreasonably fail to comply with may be represented by a direction by member or members of the Company to perform other available work, whether at Joint Consultative Committee or the same enterprise, that is safe and appropriate for employee’s local delegate of the employee to performrelevant union.
Appears in 1 contract
Sources: Certified Agreement
Grievance and Dispute Settlement Procedure. 32.1 It is agreed that every endeavour will be made it is in the interest of all parties to amicably resolve grievances manage resolution of any conflict by means which do not disrupt the operations of the workplace. In the event of any workplace grievance and/or disagreement between the parties as to the interpretation or disputes over the application implementation of this Agreement, where they arise, by direct consultation between the parties in disputefollowing procedure will be followed. Issues This Agreement recognises that employee grievances should be resolved at speedily, effectively, and informally between the site employee and supervisor where possible and without the need for recourse to industrial action. The following procedure will apply for the resolution of any dispute:
(a) The employee is to notify, in writing or otherwise, the Supervisor the nature of the grievance and the remedy being sought. If, however, the dispute relates to or directly involves the employee’s Supervisor, then the matter shall be referred directly to the next level wherever possibleof management.
32.2 To facilitate (b) A meeting between the speedy employee and efficient resolution of disputes:
32.2.1 the party with the grievance must notify the other party at the earliest opportunity of the problem;
32.2.2 throughout all stages of the procedure all relevant facts must Supervisor is to be clearly identified and recorded; and
32.2.3 sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the dispute resolution procedure is carried out held as quickly soon as possible.
32.3 If any party fails, within a reasonable time, to follow (or clearly indicates its intent not to follow) any step of this procedure then the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately bypass the earlier steps of the dispute resolution procedure outlined below, and progress immediately to the Commission.
32.4 Any dispute/s or grievance over the application of this Agreement or in relation to the National Employment Standards will be dealt with in the following manner:
32.4.1 The employee concerned will first meet and confer with their immediate supervisor. The employee/s may choose any another person to act on their behalf including a shop ▇▇▇▇▇▇▇ or delegate of their Union. An employee representative will be allowed the necessary time during working hours practicable to discuss the matter with the employee/s and the supervisormatter. The meeting should be held within forty-eight (48) hours of notification.
32.4.2 (c) If the matter is not resolved at such a meeting this meeting, the parties will arrange further employee may request the Supervisor to refer the matter to the Branch Manager. Further discussions involving more senior management as appropriate. The all parties are to be held again within forty- eight 48 hours, if practicable.
(d) If the matter is not resolved at this meeting, the employee may choose request the Supervisor to invite a Union official refer the matter to the General Manager or any other representative Chief Executive Officer. Further discussions involving all parties are to be involved in the further discussions held again within forty-eight 48 hours, if they so elect. The Company may also invite a representative to be involved in the discussionspracticable.
32.4.3 (e) If the matter remains unresolved the Company unresolved, then either party may refer it to a more senior level of management or to another representative. The employee may continue to involve a representative and may choose to invite a more senior Union official or any other representative of the Employee to be involved in the discussions.
32.4.4 In the event there is still no agreement the parties will commence a cooling off period of not less than 2 days to assess their respective positions. The process will then resume for one more attempt at clause 32.4.3. In the event the meeting at clause 32.4.3 is held and again proves unsuccessful, parties then progress matter to the Commission.
32.4.5 If the matter remains unresolved it will be submitted to the Queensland Industrial Relations Commission for conciliation and/or arbitration in which the arbitrated decision, subject to the parties' rights of appeal, will be accepted.
32.5 Whilst the processes are being followed the parties will be committed to avoid stoppages of work, lockouts or other bans or limitations on the performance of work and the Company will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practice in accordance with this Agreement.
32.6 Until the matter is determined, work will continue to be performed in accordance with the Agreement under Industrial Relations Act 2016 (Qld) for conciliation in the reasonable direction of first instance and if necessary, arbitration. Any arbitrated decision will be binding on all parties. This procedure does not preclude either party from raising the Company without prejudice issue to a higher stage at any time having regard to the final outcome issues involved. While this procedure is being followed, the status quo is to continue, except where there are genuine matters of the dispute resolution procedure except to the extent health or safety involved. In this case the employee has a reasonable concern about will not work in an imminent risk unsafe environment but where appropriate shall accept re-assignment to their health or safety.
32.7 Subject to alternative suitable work/work environment in the relevant provisions meantime. In any steps of the OH&S Act, even if the employee has a reasonable concern about an imminent risk to their health or safetythis procedure, the employee must not unreasonably fail to comply with may be represented by a direction by member or members of the Company to perform other available work, whether at Joint Consultative Committee or the same enterprise, that is safe and appropriate for employee’s local delegate of the employee to performrelevant union.
Appears in 1 contract
Sources: Certified Agreement