46.1 It is agreed that every attempt will be made to settle amicably any dispute or grievance arising from the application of this Agreement. Direct negotiation and consultation between the parties will take place in accordance with the following procedure.
46.1.1 A dispute or grievance should in the first instance be addressed by the employee and the member of staff to whom the employee is responsible.
46.1.2 If the employee is not satisfied with the outcome of that action the employee may confer with the Manager. If still not satisfied the employee may be referred to or discuss with the Director of Student Services.
46.1.3 The Director of Student Services shall consider the matter as soon as possible and inform the employee within two working days either of the decision or of the action proposed.
46.2 Where any dispute or grievance is not resolved at the local level it should be referred to a meeting of representatives of the union and the University.
46.3 While these procedures are taking place, existing working arrangements shall continue. To allow for the peaceful resolution of grievances the parties shall be committed to avoid work stoppages, lock-out or any other bans or limitations on work while negotiation and conciliation are being followed. It is recognised that all parties concerned are entitled to fair treatment in relation to the procedures.
46.4 Should the dispute not be resolved by the processes referred to in subclauses 46.1 and 46.2 the matter may be referred to the Australian Industrial Relations Commission for conciliation and/or arbitration.
46.5 Where the Commission determines that it does not have jurisdiction to arbitrate on a matter, nothing in this clause prevents the parties from agreeing to be bound by any recommendation during conciliation to resolve the matter.
46.6 It is acknowledged that if the dispute relates to an alleged ambiguity or uncertainty in this Agreement any party may at any time apply for variation of the Agreement to eliminate the alleged uncertainty or ambiguity or the Commission may act of its own motion to take steps to vary the Agreement.
46.7 The provisions of this clause shall not preclude an employee from discussing any grievance with a union representative.
