Procedures for Preventing and Settling Disputes. 52.1. ITSA and its employees recognise that there exists a mutual responsibility to work cooperatively and to take reasonable and genuine steps to resolve disputes over matters covered by this Agreement. As far as is practicable this should occur at the workgroup level. In order to achieve this, it is agreed that matters that might give rise to disputes and disagreements will be: • promptly addressed as they arise; • discussed between the parties to the dispute in an open and honest way with a view to obtaining a resolution; and • resolved, wherever possible, without recourse to third parties. 52.2. The parties to the dispute agree that work will continue in the normal manner while the procedure outlined below is followed. In instances where a genuine safety issue is involved, employees will not be required to work in an unsafe environment, but will undertake suitable alternative work until the issue is resolved. 52.3. Where disputes over matters covered by this Agreement arise, the following procedure will apply: • the matter will be discussed between the employee and their immediate manager. In some circumstances employees may feel it is inappropriate to discuss a matter with their immediate manager (eg it may relate to the actions of that manager), in which case, employees may discuss the matter at the next higher level of management; • if the matter is not resolved at that level, the persons concerned may arrange further discussions involving more senior levels of management, up to the level of Chief Executive; • the Chief Executive and the employee may, by agreement, appoint a third party for the purpose of mediating and settling the dispute. 52.4. Throughout the procedure outlined at sub-clauses 52.3, either party to the dispute may choose to be accompanied and represented by a person of their choice. Where either person chooses to be accompanied in a meeting, they will ensure the other party is informed of this decision within a reasonable time prior to that meeting. 52.5. Nothing in the above procedure shall preclude a manager referring a matter to the appropriate level of management, in accordance with sub-clause 52.3, in circumstances where that level of management has been by-passed by the employee concerned. 52.6. If a dispute in relation to a matter arising under this agreement is unable to be resolved at the workplace, and all the agreed steps for resolving it as set out in sub-clause 52.3 have been taken, the dispute may be referred to the Australian Industrial Relations Commission (AIRC) for resolution by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence, and submissions which in the opinion of the Commission are necessary to make the arbitration effective. 52.7. Any decision or direction the AIRC makes in relation to the dispute, including procedural directions, shall be accepted by all affected persons and a decision made as a result of arbitration shall be accepted by the parties to the dispute as settlement of the dispute and will be complied with, subject to either party to the dispute exercising a right of appeal against the decision. 52.8. The sole and exhaustive rights and remedies of an employee in relation to termination of employment are those that the employee enjoys under: • Division 4 of Part 12 of the Workplace Relations Act 1996; • other Commonwealth laws (including the Constitution); and • at common law. 52.9. Termination of, or a decision to terminate employment, cannot be reviewed under the dispute prevention and settlement procedures addressed in sub-clause 52.3 of this Agreement. 52.10. Nothing in this agreement prevents the Agency Head from terminating the employment of an employee for serious misconduct, without further notice or payment in lieu, in accordance with section 661 of the Workplace Relations Act 1996, subject to compliance with the procedures established by the Agency Head for determining whether an employee has breached the Code of Conduct under section 15 of the Public Service Act 1999.
Appears in 1 contract
Sources: Collective Agreement
Procedures for Preventing and Settling Disputes. 52.1. ITSA and its employees recognise that there exists a mutual responsibility to work cooperatively and to take reasonable and genuine steps to resolve disputes over matters covered by this Agreement. As far as is practicable this should occur at the workgroup level. In order to achieve this, it is agreed that matters that might give rise to disputes and disagreements will be: • promptly addressed as they arise; • discussed between the parties to the dispute in an open and honest way with a view to obtaining a resolution; and • resolved, wherever possible, without recourse to third parties.
52.2. 3.1.1 The parties to this Enterprise Agreement will make every endeavour to facilitate the dispute agree that work will continue in the normal manner while the effective functioning of this procedure.
3.1.2 This procedure outlined below is followed. In instances aims to avoid industrial disputes, or where a genuine dispute occurs, to provide a means of settlement based on consultation, cooperation and discussion, and the avoidance of interruption to work performance.
3.1.3 Without prejudice to either party, and except where a bona fide health and safety issue is involved, employees will not be required to work should continue, without disruption by means of industrial action, on a status quo basis while matters in an unsafe environment, but will undertake suitable alternative dispute are being dealt with in accordance with these procedures. "On a status quo basis" shall mean the work until situation in place at the issue is resolvedtime the matter was first raised in accordance with this procedure.
52.3. Where disputes over 3.1.4 Any grievances, industrial disputes, or matters covered (including matters the subject of this Enterprise Agreement) likely to create an industrial dispute arising under this Enterprise Agreement should be dealt with in the following manner:
(a) The employee representative(s) who are parties to this Enterprise Agreement will advise the employees at each worksite of the name(s) of the representative(s) responsible for consultation on matters arising on the job.
(b) Any employee with a dispute is able to:
(i) Seek a personal resolution by this Agreement ariseraising the matter with the person responsible for the dispute;
(ii) Raise it directly with the relevant Educational Manager; or
(iii) Raise it with the employee representative who shall raise the matter with the most immediate Educational Manager.
3.1.5 If requested by the Educational Manager, the following procedure will apply: • subject of the dispute shall be put in writing, so far as is reasonably practicable.
3.1.6 The matter will shall be discussed between the employee addressed as soon as possible either by way of an agreed resolution or by negotiating an agreed method and their immediate manager. In some circumstances employees may feel it is inappropriate to discuss a matter with their immediate manager (eg it may relate to the actions of that manager), in which case, employees may discuss the matter at the next higher level of management; • if timeframe for proceeding.
3.1.7 If the matter is not resolved at this level the employee or employee representative should ask for it to be referred to the TAFE SA Institute Managing Director (or delegate) who shall arrange a conference to discuss the matter.
3.1.8 For matters that have not been resolved at the worksite level, or for matters beyond the worksite level, the persons concerned may arrange further discussions involving more senior levels following procedures shall be used:
(a) The parties or their representatives should notify each other in writing of managementthe name of their nominated representatives, up if any, who would be responsible for seeking resolution to matters which cannot be resolved at the worksite.
(b) The employee representative(s) or the representative(s) of the other parties thus accredited will be the only person(s) entitled to make representations on behalf of the employee(s).
(c) The employer’s representative(s) thus accredited will be responsible for dealing with matters raised by the employee representatives or other parties.
3.1.9 When a matter is referred to the level TAFE SA Institute Managing Director (or delegate), a conference of Chief Executive; • the Chief Executive and relevant parties shall be called to discuss the matter. When a matter is referred to an employee mayrepresentative, by agreement, appoint that person shall refer it to the TAFE SA Institute Managing Director (or delegate) who shall call a third party for the purpose of mediating and settling the disputeconference as described.
52.4. Throughout 3.1.10 The conference shall be commenced within 48 hours of the dispute or likely dispute having been referred to the TAFE SA Institute Managing Director (or delegate) or within such longer or shorter period as may be agreed by the parties.
3.1.11 At any stage in the procedure outlined at sub-clauses 52.3, either party to after consultation between the dispute may choose to be accompanied and represented by a person of their choice. Where either person chooses to be accompanied in a meeting, they will ensure the other party is informed of this decision within a reasonable time prior to that meeting.
52.5. Nothing in the above procedure shall preclude a manager referring a matter to the appropriate level of managementparties has taken place, in accordance with sub-clause 52.3the procedure, in circumstances where that level of management has been by-passed by either party may request, and be entitled to receive a response to its representations within a reasonable time, as may be agreed upon between the employee concernedparties.
52.6. If 3.1.12 When a dispute is not resolved in relation to a matter arising under accordance with this agreement is unable to be resolved at the workplace, and all the agreed steps for resolving it as set out in sub-clause 52.3 have been takenprocedure, the dispute matter may be referred to the Australian Industrial Relations Commission (AIRC) for resolution IRCSA by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation any party to hearings, witnesses, evidence, and submissions which in the opinion of the Commission are necessary to make the arbitration effective.
52.7. Any decision or direction the AIRC makes in relation to the dispute, including procedural directions, shall be accepted by all affected persons and a decision made as a result of arbitration shall be accepted by the parties to the dispute as settlement of both the dispute and will be complied withto this Enterprise Agreement, subject to either for conciliation and if not resolved, for arbitration.
3.1.13 If there is undue delay on the part of any party in responding to the matter creating a dispute exercising a right or likely dispute, the party complaining of appeal against the decisiondelay may take the matter to another level of the procedure if the party believes it is desirous to do so.
52.8. The sole and exhaustive rights and remedies 3.1.14 In the event of a party failing to observe this procedure, the other party may take such steps as determined necessary to resolve the matter.
3.1.15 This procedure will not restrict the employer or its representative(s) or a duly authorised official of a union or representative of an employee in relation making representations to termination of employment are those that the employee enjoys under: • Division 4 of Part 12 of the Workplace Relations Act 1996; • other Commonwealth laws (including the Constitution); and • at common laweach other.
52.9. Termination of, or a decision to terminate employment, cannot be reviewed under the dispute prevention and settlement procedures addressed in sub-clause 52.3 of this Agreement.
52.10. Nothing in this agreement prevents the Agency Head from terminating the employment of an employee for serious misconduct, without further notice or payment in lieu, in accordance with section 661 of the Workplace Relations Act 1996, subject to compliance with the procedures established by the Agency Head for determining whether an employee has breached the Code of Conduct under section 15 of the Public Service Act 1999.
Appears in 1 contract
Sources: Enterprise Agreement