Human Resources

Part F - Disputes and Grievances

52.   Grievance Settlement Procedures

52.1   At any stage of these procedures an employee may appoint a Union or employee representative to accompany or represent them in relation to the grievance.

52.2   The procedure for resolving grievances relating to conditions of employment shall be as follows:

52.2.1   An employee with a grievance shall first discuss it with their immediate supervisor.

52.2.2   If the employee is not satisfied with the outcome of action taken under 52.2.1 above then the employee may refer the grievance to the Head.

52.2.3   The Head shall consider the matter as soon as practicable and inform the employee within 5 working days either of the decision in the matter or of the action proposed.

52.2.4   If the employee is not satisfied with the outcome of action taken under 52.2.3 above then the employee may notify the Vice-Chancellor or nominee.

52.2.5   The Vice-Chancellor or nominee, on being notified of the existence of a grievance, shall act promptly to have the matter resolved.

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53.   Dispute Settlement Procedure

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 or the National Employment Standards 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 the Union or an employee representative.

53.2   Where a dispute arises an employee, the Union or an employee representative shall notify the University of the existence of a dispute and shall discuss the dispute with the appropriate representative of management and attempt to reach agreement within 5 working days.

53.3   If the dispute is not able to be resolved at subclause 53.2 above, the employee(s), the Union or the employee representative may refer the dispute to the Director, Human Resources or nominee and attempt to reach agreement within a further 5 working days.

53.4   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 Fair Work Commission (FWC) for resolution. Resolution may be sought by mediation and/or conciliation and, where the matter remains unresolved, arbitration.

53.5   Where arbitration is necessary, FWC may exercise procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective.

53.6   The period for resolving a dispute may be extended by agreement between the University and the employee, the Union or the employee’s representative.

53.7   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.

53.8   The parties agree to implement the outcomes of arbitrated decisions of FWC arising from disputes raised under this Clause.

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