45.1 Disputes arising regarding a matter pertaining to the employment relationship, meaning and application of this Agreement shall be dealt with in accordance with this clause. At any stage of the dispute an employee may choose to seek the advice and/or assistance of their employee representative.
45.2 The dispute shall first be discussed between the employee and immediate supervisor or other appropriate employee of the University, within five (5) working days after the dispute has arisen or been identified.
45.3 If the dispute cannot be resolved at this level, the matter shall be referred to and be discussed with the relevant supervisor’s manager and an attempt made to find a satisfactory solution, within a further five (5) working days.
45.4 If the dispute is still not resolved, the employee may refer it to an Academic Member of Executive or to a Disputes Committee as per clause 47.5 of this Agreement.
45.5 Where the dispute cannot be resolved in accordance with clause 45.4 and all agreed steps for resolving the dispute have been taken, the employee may refer the dispute to the AIRC for resolution. Resolution can be sought by mediation and/or conciliation, and where the matter remains unresolved, arbitration.
45.6 Any dispute referred to the AIRC may be referred to a specific member of the AIRC to deal with the dispute and if that specific member is unavailable, the member of the AIRC will be nominated by the President. Where arbitration is necessary, the AIRC may exercise procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.
45.7 The period for resolving a dispute may be extended by agreement between the University, the employee.
45.8 While these dispute settling procedures are taking place, working arrangements as they existed prior to the dispute shall continue, unless an employee has reasonable concern about an imminent risk to their health or safety.
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