AN120089 – Building and Construction Industry (State) Award

PART 3 - CONSULTATION AND DISPUTE RESOLUTION 

11. SETTLEMENT OF DISPUTES

11.1 Where an employee or the workplace delegate has submitted a request concerning any matter directly connected with employment to a foreperson or a more senior representative of management and that request has been refused, the employee may, if they so desire, ask the workplace delegate to submit the matter to management and the matter shall then be submitted by the workplace delegate to the appropriate executive of the employer concerned.

11.2 If not settled at this stage, the matter shall be formally submitted by the State Secretary of the union to the employer.

11.3 If not settled at this stage, the matter shall then be discussed between such representatives of the union, as the union may desire and the employer, who may be accompanied by or represented by such officers or representatives of an association of employers as the employer may desire, including, where agreed, processing the dispute through locally organised boards or committees set up by the parties for this purpose.

11.4 If the matter is still not settled, it shall be submitted to the Industrial Relations Commission of New South Wales.

11.5 Where the above procedures are being followed, work shall continue normally. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

11.6 Notwithstanding anything contained in the previous five paragraphs, the respondents shall be free to exercise their rights if the dispute is not finalised within seven days of notification.

11.7 This clause shall not apply to any dispute as to a bona fide safety issue.

11.8 In connection with any dispute concerning a workplace delegate this clause shall be subject to the provisions of subclause 12.5.2.

11.9 Posting of Awards Section 361of the Act which provides for the exhibition of industrial instruments in the workplace shall be a term of this award.

11.10 Posting of Notices An employer shall not prevent an official of the union authorised in writing in that behalf, from posting on an employer's premises or job a copy of any official notice of the union provided such notice is of reasonable size.