AN120196 – Engine Drivers General (State) Award

33. DISPUTES SETTLEMENT PROCEDURE

33.1 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.

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

33.3 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.

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

33.5 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.

33.6 Notwithstanding anything contained in the previous five (5) paragraphs, the respondents shall be free to exercise their rights if the dispute is not finalised within seven (7) days of notification.

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