AN140103 – Electrical Contracting Industry Award - State 2003

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 

3.1 GRIEVANCE AND DISPUTE SETTLING PROCEDURE

3.1.2 In the event of an dispute (other than disputes relating to demarcation) the parties undertake to follow the disputes settlement procedures outlined below.

The accredited employee's representative wishing to raise any matter affecting any employee/s shall:

(a) initially raise the matter with the employee/s immediate supervisor/foreperson. If agreement is not reached at this level within 48 hours (excluding weekends and agreed days off) the representative shall then;

(b) raise the matter with the company manager or nominated representative. If agreement is not reached at this level, within 24 hours, the employee representative will then;

(c) be provided with telephone facilities to speak to an official of the Union or the Industrial Organisation of Employers and request representation at a further conference to be held at a date and time mutually acceptable.

3.1.3 Should these negotiations fail, the matter should be referred by the Industrial Organisation of Employers to the Union or vice versa, at which level a conference of the parties shall be convened without delay.

3.1.4 If the grievance involves allegations of unlawful discrimination by a supervisor the employee may commence the grievance resolution process by reporting the allegations to the next level of management beyond that of the supervisor concerned. If there is no level of management beyond that involved in the allegation the employee may proceed directly to the process outlined at clause 3.1.3.

3.1.5 In absence of agreement either party may refer the matter to the Commission for resolution.

3.1.6 Whilst the above procedures are being affected work should continue normally.

3.1.7 If the matter is a safety issue, the area under dispute shall be isolated (if considered dangerous by either party), barriers put up, suitable notices attached and every effort should be made to solve the safety issue without any undue delay, and work should continue in all other areas until a resolution on the issue is found.

3.1.8 If either party finds that the terms of this grievance and dispute settling procedure have not been adhered to, both parties agree that the aggrieved person/party will take the matter up with the employee/employer concerned to ensure compliance with the procedures.