53.1 The parties agree that all employees and the University have an interest in the proper application of this agreement. Disputes arising under the operation or application of this Agreement are to be dealt with in accordance with this clause. At any stage of the dispute, an employee may seek the advice and/or be accompanied or represented by an employee representative.
53.2 Where an employee asks the Union to represent them a representative of the Union shall notify the University of the existence of a dispute, and the representative of the Union and the appropriate representative of management shall discuss the dispute and attempt to reach agreement within five (5) working days. Where the matter is not resolved it is referred to 53.5.
53.3 Where 53.2 does not apply the dispute will first be discussed between the employee and their immediate supervisor, or other appropriate employee of the University, within five (5) working days after the dispute has arisen or been identified.
53.4 If the dispute is not able to be resolved at 22.3, the matter must 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.
53.5 If the dispute is still not resolved, the employee(s) or their employee representative may refer the dispute to the Director Human Resources or nominee.
53.6 Where the dispute is not resolved by the Director Human Resources or nominee to the satisfaction of the employee, and all agreed steps for resolving the dispute have been taken, the dispute may be referred to the AIRC for resolution. Resolution may be sought by mediation and/or conciliation and, where the matter remains unresolved, arbitration.
53.7 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.
53.8 The period for resolving a dispute may be extended by agreement between the University and the employee or the employee’s representative.
53.9 While these dispute settling procedures are taking place, working arrangements as they existed prior to the dispute will continue, unless an employee has reasonable concern about an imminent risk to their health or safety.
53.10 The parties agree to implement the outcomes of arbitrated decisions of the AIRC arising from disputes raised under this clause.
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