AN120518 – Superior Walls & Ceilings Pty Ltd/CFMEU Enterprise Award Expiring 30 March 2008

18. DISPUTE SETTLEMENT PROCEDURES

The parties acknowledge that this Award is designed to place maximum emphasis on avoidance of stoppages/industrial disputation and the expeditious settlement of grievances and/or disputation where it does occur.

18.1 Procedures relating to grievances of individual Employees are as follows:

a) The Employee is required to notify (in writing or otherwise) the Company as to the substance of the grievance, at a meeting with the Company for discussions and state the remedy sought.

b) A grievance must initially be dealt with as close to its source as possible with graduated steps for further discussion and resolution at higher levels of authority. This may include the involvement of the Company/site Union delegate and/or the company consultative committee and/or some form of mediation.

c) Reasonable time limits must be allowed for discussion at each level of authority.

d) At the conclusion of the discussion, the Company must provide a response to an Employee grievance; if the matter has not been resolved, including reasons for not implementing any proposed remedy.

e) While this procedure is being followed, normal work must continue.

f) The Union may represent the Employee at any stage of these procedures.

Unresolved matters shall be formally submitted to the Industrial Relations Commission by either party or their representatives, with the decision of the tribunal being accepted as the full and final resolution of the dispute. Individual rights to the process of legal appeal are not affected.

18.2 Procedures relating to disputes between the Company and its Employees are as follows

A grievance or dispute must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

Reasonable time limits must be allowed for discussion at each level of authority. This may include the involvement of the company consultative committee and/or the relevant Union delegate/official.

The Company may be represented by an industrial organisation of employers and the Employee(s) by the signatory Union to this Award for the purposes of each procedure at any stage.

It is agreed between the parties that in the settlement of a dispute where it is identified that the Company is in minor/technical default with Parent Award, Award or statutory obligations (e.g. under payment or non-payment of an entitlements) there will be no stoppage of work whilst the breach is under investigation. If the Company is identified as paying all in it will pay the all in rate being paid to all Employees plus all conditions of this Agreement for job duration.

Unresolved matters shall be formally submitted to the Industrial Relations Commission by either party or their representatives, with the decision of that tribunal being accepted as the full and final resolution of the dispute. Parties rights to the process of legal appeal are not affected.

While this procedure is being followed, normal work must continue as it existed prior to the dispute occurring. Where there is a grievance that may cause a stoppage of work the relevant Union official will contact senior management of the Company rather than Employees stopping work.