Common use of Settlements of Disputes Clause in Contracts

Settlements of Disputes. (i) The parties have agreed that the following settlement of disputes procedure shall apply: (a) The matter should first be discussed at the workplace level between transport workers and relevant management. If an employee so requests the TWU delegate will be involved in such discussions; (b) If the matter is not settled discussions shall occur between the appropriate TWU official and management; (c) If the matter is still not settled it shall be discussed between the Branch Secretary (or nominee) of the TWU and the company; (d) If the matter is still not settled it shall be submitted to the Industrial Relations Commission of New South Wales which shall conciliate the matter; (e) The Industrial Relations Commission of New South Wales may make a determination, which is binding on the parties where there is no likelihood that, within a reasonable period, conciliation or further conciliation will result in agreement. (ii) Whilst the above procedure is being followed work shall continue normally, except in circumstances where employees have genuine concerns for their health and safety. (iii) This settlement of disputes procedure will apply to any dispute or claim (whether it arises out of the operation of this Agreement or not) as to the wages or conditions of engagement of transport workers engaged by the company.