AN120470 – Retail Services Employees (State) Award

17. DISPUTE SETTLING PROCEDURE

Subject to the Industrial Relations Act 1996, grievances or disputes shall be dealt with in the following manner:

(a) The employee(s) is required to notify the employer (in writing, or otherwise) as to the substance of the grievance, requesting a meeting with the employer for bilateral discussions and state the remedy sought. This meeting shall take place within two working days of the issue arising (weekends and holidays excepted).

(b) If agreement is not reached, the matter shall then be referred by the employer to a higher authority (where this exists) no later than three working days after the time specified in subclause (a) of this clause (weekends and holidays excepted). At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons (in writing or otherwise) for not implementing any proposed remedy.

(c) If the matter is still not settled within a reasonable period of time, it may be referred/notified to the Industrial Relations Commission of New South Wales for settlement by either party.

(d) While a procedure is being followed, normal work must continue.

(e) The employer may be represented by an industrial organisation of employers and the employee(s) may be represented by an industrial organisation of employees for the purposes of each step of the procedure.

(f) The foregoing disputes settlement procedure is not mandatory for an employee of a small business employer. For the purposes of this subclause, a small business employer is defined as:

(i) an employer of not more than 20 employees; or

(ii) an employer with a management structure under which all persons employed by the employer are subject to the direct supervision and control of the employer or the chief executive of the employer.