Human Resources

Part G ? Disputes and Grievances

43.   Dispute Settling Procedures

43.1   In the event of a dispute in relation to a matter arising under this agreement, in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee or employees concerned and more senior levels of management as appropriate.

43.2   A party to the dispute may appoint another person, organisation or association to accompany or represent them in relation to the dispute.

43.3   If a dispute in relation to a matter arising under the agreement is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to the FWC for resolution by mediation and/or conciliation.

43.4   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.

43.5   Should the dispute not be resolved by the processes referred to in subclauses 43.1 and 43.2, the matter may be referred to the FWC for conciliation and/or arbitration.

43.6   Where the FWC 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.

43.7   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 FWC may act of its own motion to take steps to vary the Agreement.

43.8   The provisions of this clause shall not preclude an employee from discussing any grievance with an employee representative.