AN150133 – SA Government (Public Sector Salaried Employees) Arbitrated Enterprise Bargaining Award 2004
SCHEDULE 2 - CONDITIONS OF EMPLOYMENT
(incorporating the South Australian Government Wages Parity Enterprise Agreement 2001, the Land Management Corporation Enterprise Agreement 2003 and the Legal Services Commission of South Australia Enterprise Agreement 2002)
S2.1 |
Interpretation | |
S2.2 |
Worklife flexibility | |
S2.2.1 |
Voluntary flexible working arrangements | |
S2.2.2 |
Paid maternity leave and paid adoption leave | |
S2.2.3 |
Return to work on a part-time basis | |
S2.2.4 |
Family carer’s leave | |
S2.2.5 |
Reimbursement of reasonable child care costs | |
S2.2.6 |
Reimbursement of reasonable travel costs | |
S2.3 |
On-call/recall | |
S2.4 |
Occupational health safety and welfare | |
S2.5 |
Training and development | |
S2.6 |
Workplace flexibility | |
S2.7 |
Reclassification date | |
S2.8 |
Toil entitlements | |
S2.9 |
Limit on public holiday work | |
S2.10 |
Minimum hours of engagement | |
S2.11 |
Continuous improvement | |
S2.12 |
No extra claims | |
S2.13 |
Consultative processes | |
S2.14 |
Grievance and dispute avoidance procedures | |
CLAUSE S2.1 INTERPRETATION
OPDATE 29:10:2004 on and from
S2.1.1 Subject to this clause, this Award will be read and interpreted in conjunction with the following:
S2.1.1.1 Dental Officers Agreement (unregistered: dated 1980);
S2.1.1.2 Grant Funded Scientists (unregistered agreement: APESMA dated 2001)
S2.1.1.3 Medical Scientists (South Australian Public Sector) Award;
S2.1.1.4 Public Service (Recreation Leave Loading) Award;
S2.1.1.5 South Australian Public Sector Salaried Employees Interim Award; and
S2.1.1.6 Visiting Dental Staff Agreement (unregistered: dated 1980).
S2.1.2 A clause in this Award will prevail over any provision in an applicable award or agreement referred to in the preceding sub-clause to the extent of any inconsistency.
S2.1.3 The objects and commitments clause will apply to the interpretation and operation of this Award.
S2.1.4 The Appendices form part of this Award.
S2.1.5 In relation to Appendix A - Saved Clauses and Appendix B - Workplace Flexibility Agreements:
S2.1.5.1 A clause in Appendix A and Appendix B will prevail over any other clause of this Award to the extent of any inconsistency;
S2.1.5.2 In interpreting or applying a clause in Appendix A and Appendix B, regard may be had, in the event of ambiguity or uncertainty, to the context within which the clause appeared in the relevant superseded Enterprise Agreement or was agreed (respectively); and
S2.1.5.3 Clauses in each part of Appendix A - Saved Clauses will apply only to the particular agency to which the part refers, unless the clause otherwise provides; and clauses in any schedule in Appendix B Workplace Flexibility Agreements will apply only to the workplace specified in the schedule.
S2.1.6 Where a clause or Appendix refers to a particular agency, unless otherwise specified, the clause or Appendix shall have effect only in respect of the named agency, employees within that agency, and associations with members within that agency.
S2.1.7 Words and expressions that are defined in South Australian legislation shall, unless a contrary intention is specifically indicated, have the same respective meanings in this Award.
S2.1.8 In this Award references to statutes shall include regulations made under those statutes and all statutes amending, consolidating or replacing the statutes referred to.
S2.1.9 The headings and clause numbers appearing in this Award are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of the clauses of this Award nor in any way affect this Award.
CLAUSE S2.2 WORKLIFE FLEXIBILITY
OPDATE 29:10:2004 on and from (clauses other than S2.2.2 & S2.2.3)
OPDATE 05:05:2005 on and from (clauses S2.2.2 & S2.2.3)
S2.2.1 Voluntary flexible working arrangements
The parties acknowledge the mutual benefit to the employer and employee of Voluntary Flexible Working Arrangements to balance work and other (including family) commitments.
S2.2.1.1 A Chief Executive will consider an employee’s request to participate in a Voluntary Flexible Working Arrangement having regard to both the operational needs of the agency or particular workplace, and the employee’s circumstances.
S2.2.1.2 This clause applies for the period an employee participates in a VFWA.
S2.2.1.2(a) Subject to this clause, the salary or wages payable to an employee, or applicable to a position, where the employee elects to participate in a VFWA, will be adjusted to take account of the VFWA in which the employee is participating, notwithstanding any other provision in, or Schedule of, this Award.
S2.2.1.2(b) Where an employee is participating in a Purchased Leave type of VFWA, the rate of pay to be used for calculating overtime payments, leave loading or shift penalties will be the rate of pay that would have been payable had the employee not been participating in the Purchased Leave arrangement.
S2.2.1.2(c) Where an employee is participating in a Compressed Weeks type of VFWA, the nominated normal hours for any day will constitute the employee’s ordinary hours for the day. Overtime will only be payable where the employee is required to work hours in excess of those ordinary hours on any day or in excess of the total of those ordinary hours in a week.
S2.2.1.2(d) Where, on cessation of employment, the employer makes a payment in lieu of notice; or a payment in respect of accrued recreation or long service leave entitlements (instead of transferring leave credits to another employer party to this Award in the event the employee immediately becomes employed by that employer party), the payment thereof (or the transferred leave credits) shall have regard to any period/s in which the employee participated in a VFWA and be adjusted accordingly.
S2.2.1.3 The Commissioner for Public Employment will continue to promote, monitor and evaluate the use of Voluntary Flexible Working Arrangements within administrative units.
S2.2.2 Paid maternity leave and paid adoption leave
An employee who is granted maternity leave or adoption leave that commences on or after 5th May 2005 will be entitled to the benefits provided by this clause.
S2.2.2.1 Subject to this clause, an employee, other than a casual employee, who has completed 12 months continuous service immediately prior to the birth of the child, is entitled to twelve (12) weeks paid maternity leave.
S2.2.2.2 Subject to this clause, an employee, other than a casual employee, who has completed 12 months of continuous service before taking custody of an adopted child is entitled to twelve (12) weeks paid adoption leave.
S2.2.2.3 The following conditions apply to an employee applying for paid maternity leave or paid adoption leave:
S2.2.2.3(a) The total of paid and unpaid maternity/adoption/parental/special leave is not to exceed 104 calendar weeks in relation to the employee’s child. For the purposes of this clause, child includes children of a multiple birth/adoption.
S2.2.2.3(b) An employee will be entitled to twelve (12) weeks leave, paid at the employee’s ordinary rate of pay (excluding allowances, penalties or other additional payments) from the date maternity/adoption leave commences. The paid maternity/adoption leave is not to be extended by public holidays, rostered days off, programmed days off or any other leave falling within the period of paid leave.
S2.2.2.4 At the time of applying for paid maternity leave or paid adoption leave, the employee may elect in writing:
S2.2.2.4(a) To take the paid leave in 2 periods of 6 weeks during the first 12 months of the commencement of their paid leave; or
S2.2.2.4(b) To take the paid leave at half pay in which case, notwithstanding any other clause of this Agreement, the employee will be entitled, during the 24 weeks, to be paid at half the ordinary rate of pay (excluding allowances, penalties or other additional payments) from the date maternity/adoption leave commences; or
S2.2.2.4(c) A combination of (a) and (b).
S2.2.2.5 Part-time employees will have the same entitlements as full-time employees, but paid on a pro-rata basis according to the average number of contracted hours during the immediately preceding 12 months (disregarding any periods of leave).
S2.2.2.6 During periods of paid or unpaid maternity leave, sick leave with pay will not be granted for a normal period of absence for confinement. However, any illness arising from the incidence of the pregnancy may be covered by sick leave to the extent available, subject to the usual provisions relating to production of a medical certificate and the medical certificate indicates that the illness has arisen from the pregnancy.
S2.2.3 Return to work on a part-time basis
Subject to this clause, an employee is entitled to return to work after maternity or adoption leave on a part-time basis, at the employee’s substantive level, until the child’s second birthday.
S2.2.3.1 The following conditions apply to an employee applying to return on a part-time basis:
S2.2.3.1(a) The employee will provide such request at least 6 weeks prior to the date on which the employee’s maternity or adoption leave is due to expire, and will provide to the Chief Executive such information as may reasonably by required, including the proportion of time sought, and the date of the relevant child’s second birthday.
S2.2.3.1(b) At least 6 weeks prior to the relevant child’s second birthday, the employee will advise the Chief Executive whether the employee will revert to employment on a full-time basis or seeks to continue to be employed on a part time basis.
S2.2.3.1(c) An employee’s return to work part-time will be on a non-discriminatory basis so as to operate in the same manner as any other employee returning from a period of leave.
Employees may access up to five days of their normal paid sick leave entitlement in any one year to provide support for a sick family member. The family member must be either a member of the employee’s household or a near relative of the employee as defined in the State Equal Opportunity Act 1984.
S2.2.4.1 This access is available if the following conditions are satisfied:
S2.2.4.1(a) The employee must have responsibility for the care of the family member concerned; and
S2.2.4.1(b) The employee produces satisfactory evidence of sickness of the family member, if requested.
S2.2.4.2 The ability to access this leave does not in any way limit an employee’s right to apply for special leave in accordance with arrangements provided elsewhere for this leave.
S2.2.5 Reimbursement of reasonable child care costs
Where an employee, other than a casual employee, is given less than 24 hours prior notice that the employee is required to work outside of their ordinary hours of work, and consequently the employee utilises paid child care, the agency will reimburse the reasonable child care costs incurred by the employee arising from performing such work, subject to this clause.
S2.2.5.1 The prior period of 24 hours is to be calculated from the time at which the work is to begin.
S2.2.5.2 The work, or the hour/s to be worked, is not part of a regular or systematic pattern of work or hour/s performed by the employee.
S2.2.5.3 The reimbursement will be in respect of the reasonable costs incurred by the employee in respect of the work.
S2.2.5.4 Reimbursement will be made for child care costs in respect of Registered Care or Approved Care after all other sources of reimbursement have been exhausted. Where the child care costs are incurred for child care not in a registered or approved centre, reimbursement will be made in accordance with a child care reimbursement rate, and guidelines, published from time to time by the Commissioner for Public Employment.
S2.2.5.5 The employee will provide the agency with a Child Benefit Claim Form for either Registered Care or Approved Care, tax invoice/receipt, or other supporting documentation as may from time to time be required detailing the cost incurred, or reimbursement sought, in respect of the work.
S2.2.5.6 For the purposes of this clause, a reference to work is a reference to the work outside the employee’s ordinary hours, or regular or systematic pattern of work or hour/s, for which less than 24 hours prior notice is given.
S2.2.6 Reimbursement of reasonable travel costs
Where an employee, other than a casual employee, is required to work outside of their ordinary hours of work and the period of work starts or finishes outside of the ordinary timetabled operating hours of public transport, the employee will be entitled to reimbursement of reasonable home to work or work to home (as applicable) travel costs, subject to this clause.
S2.2.6.1 The work, or the hour/s to be worked, is/are not part of a regular or systematic pattern of work or hour/s performed by the employee.
S2.2.6.2 The employee ordinarily uses public transport.
S2.2.6.3 Travel is by the most direct or appropriate route.
S2.2.6.4 Reimbursement of reasonable taxi costs, or mileage at a rate determined from time to time by the Commissioner for Public Employment.
S2.2.6.5 The employee will provide the agency with such tax invoice/receipt or other supporting documentation as may from time to time be required detailing the cost incurred or reimbursement sought.
CLAUSE S2.3 ON-CALL/RECALL
OPDATE 01:10:2005 on and from
S2.3.1 The provisions relating to on-call and recall, which are prescribed in the awards, etc. listed in clause S2.3.2 and which are not specifically referred to in this clause, will continue to apply.
S2.3.2 On-call allowances
S2.3.2.1 Employees bound by this Award, who are rostered to be on-call of a night time, will be paid an allowance for each night as follows:
(a) $12.10 on and from 1 October, 2004; and
(b) $12.50 on and from 1 October, 2005.
S2.3.2.2 Employees bound by this Award, who are rostered to be on-call during a full Saturday, Sunday or public holiday or any day that the employee would normally be rostered off duty, will be paid an allowance per day as follows:
(a) $24.10 on and from 1 October, 2004; and
(b) $24.90 on and from 1 October, 2005.
S2.3.3 On-call conditions
S2.3.3.1 No employee should be rostered or required to be on-call more frequently than a total of 7 days every 14 days. Any arrangement that would require an employee to be on-call more frequently than this must only be introduced where the employee concerned genuinely agrees to same.
S2.3.3.2 The frequency, duration, etc. of being on-call is to be established through consultation with the employees affected and if requested by the employees, their representatives, having particular regard to Occupational, Health and Safety considerations.
S2.3.3.3 Employees who are on-call must be contactable whilst on-call but will not be restricted to their residence.
S2.3.3.4 Employees who are on-call will be provided with any equipment required for their work (except where existing award provisions or other agreed arrangements, which require employees to provide their own equipment, are in place).
S2.3.3.5 Existing telephone rental and business calls reimbursement provisions contained in the relevant awards, determinations and other manuals of conditions of employment, etc. covering the employees bound by this Award are not affected by these provisions and will continue to apply.
S2.3.4 Recall to work
S2.3.4.1 Subject to S2.3.4.3, employees bound by this Award, regardless of classification and salary level (but less than executive level or equivalent), will be entitled to payment for all time worked, with a minimum of 3 hours paid, at overtime rates (or time off in lieu by agreement) when on-call and recalled to work necessitating their attendance at the workplace or other worksite.
S2.3.4.2 Subject to S2.3.4.3, employees bound by this Award, regardless of classification and salary level (but less than executive level or equivalent), will be entitled to payment at overtime rates (or time off in lieu by agreement) for work performed from home when on-call, provided that the total time spent so working on any day and/or night is at least 30 minutes.
S2.3.4.3 The rate of pay to be used for calculating the payment for overtime worked in the circumstances described in S2.3.4.1 and S2.3.4.2, is an employee’s normal rate for overtime purposes except where such rate exceeds the maximum salary of the ASO-5 classification level prescribed in this Award. In this situation, where an employee’s rate of pay does not exceed the maximum salary of ASO-6, overtime is to be calculated at the rate of the minimum salary increment of ASO-5. Where an employee’s rate of pay exceeds the maximum salary of ASO-6 (but is less than executive level or equivalent), overtime is to be calculated at the rate of the maximum salary increment of ASO-5.
S2.3.4.4 Despite the provisions of S2.3.4.3, special arrangements may be determined by the Commissioner for Public Employment where the particular circumstances of any case require a different approach. Where such special arrangements are inconsistent with any of the provisions of this clause, they will prevail over the provisions of this clause to the extent of that inconsistency.
S2.3.4.5 All employees who travel to work as a result of receiving a recall to work will:
(a) be reimbursed for use of a private motor vehicle for the journey to and from the workplace using the shortest, most practicable route (together with any parking fees) (provided that no employee will be required to use a private vehicle for work purposes); or
(b) be permitted to use a taxi at the employer’s expense to travel to and from the workplace; or
(c) be permitted to use a Government vehicle to travel to and from the workplace (with any parking fees to be reimbursed).
CLAUSE S2.4 OCCUPATIONAL HEALTH SAFETY AND WELFARE
OPDATE 29:10:2004 on and from
S2.4.1 The parties are committed to, and acknowledge the mutual benefit to, and responsibility of, the employer and employees for maintaining a safe and healthy work environment in accordance with applicable legislation.
S2.4.2 The parties will work towards achieving and maintaining applicable occupational health and safety and injury management standards and practices, including:
S2.4.3 In establishing and maintaining a safe and healthy work environment, an agency will not require an employee to have an unreasonable workload in the ordinary discharge of the employee’s duties.
CLAUSE S2.5 TRAINING AND DEVELOPMENT
OPDATE 29:10:2004 on and from
S2.5.1 The parties are committed to, and acknowledge the mutual benefit to the employer and employee of, planned human resource development and the provision and participation in relevant development opportunities (including accredited training).
S2.5.2 The parties acknowledge that agencies will continue to implement the principles contained in the Guideline for Planned Human Resource Development and the Guideline for Individual Performance Development issued by the Commissioner for Public Employment, and that this process will continue to be monitored and evaluated by the Commissioner.
S2.5.3 The parties acknowledge that the Commissioner for Public Employment will monitor and report annually on:
S2.5.3.1 The percentage of employees in administrative units with documented individual performance development plans;
S2.5.3.2 The percentage of expenditure by administrative units on management and leadership development;
S2.5.3.3 The extent of implementation of accredited “Training Packages” within administrative units and the classification level of the employees involved.
S2.5.4 The parties:
S2.5.4.1 Acknowledge the potential development opportunities for employees who are able to undertake temporary positions at their substantive or higher remuneration level.
S2.5.4.2 Note that the Commissioner for Public Employment has issued “PSM Act Determination 2 - Recruitment and Employment of Non Executive Employees”. This requires agencies to give consideration to existing employees of the agency or employees of other agencies within the portfolio grouping of agencies in filling vacancies of up to 6 months duration. All vacancies of more than 6 months duration must be advertised on the Notice of Vacancies, and applicants may only be sought from outside the public sector with the Commissioner’s approval.
S2.5.4.3 Acknowledge that the Commissioner will monitor the implementation and effect of that PSM Act Determination within administrative units during the life of this Award.
CLAUSE S2.6 WORKPLACE FLEXIBILITY
OPDATE 29:10:2004 on and from
S2.6.1 The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other non-work responsibilities).
S2.6.2 This clause applies to a proposal by an agency or employee/s within a workplace to negotiate and agree flexible employment arrangements to operate within a workplace (a “Workplace Flexibility Proposal”).
S2.6.2.1 Where an agency or employee/s intends to initiate a Workplace Flexibility Proposal, the initiator will notify the agency or employee/s (as applicable) within the workplace likely to be affected, of the terms of the proposal and the manner in which it is intended to operate. The agency will provide such information to such employee representative/s party to this Award that it believes may represent employees within the applicable workplace and will consult with the employee representative/s and affected employee/s in accordance with the consultative principles in this Award.
S2.6.2.2 Consultation in respect of a Workplace Flexibility Proposal will have regard to: operational efficiency and productivity; work and non-work impacts on individual affected employees; and whether the Proposal has policy implications across agencies in the public sector. Where such policy implications arise, the affected employee/s, or relevant employee representative/s party to this Award, may refer the Proposal to the Commissioner for Public Employment for consultation with those employee/s and with relevant employee representative/s party to this Award.
S2.6.2.3 A Workplace Flexibility Proposal may not be put to a vote by affected employees where it proposes employment arrangements that are less favourable (considered as a whole) than arrangements applying pursuant to this Award (including a relevant Award).
S2.6.2.4 Where a majority of affected employees agree (whether by ballot or otherwise) to a Workplace Flexibility Proposal, the employment arrangements agreed will be provided in writing and will apply as if incorporated as an appendix to this Award (a “Workplace Flexibility Agreement”).
S2.6.2.5 A party may apply to vary this Award to add any Workplace Flexibility Agreement as a schedule within Appendix B - Workplace Flexibility Agreements to remove any uncertainty in the operation of this clause in giving effect to any Workplace Flexibility Agreement. The parties agree that any such application will operate only in respect of the agency and workplace specified within the Schedule.
CLAUSE S2.7 RECLASSIFICATION DATE
OPDATE 29:10:2004 on and from
Where an employee makes application for reclassification to the Chief Executive in writing on a form approved by the Chief Executive, and if that application is acceded to, the operative date for that application will be no earlier than the date of lodgement and no later than three calendar months from the date of lodgement.
CLAUSE S2.8 TOIL ENTITLEMENTS
OPDATE 29:10:2004 on and from
S2.8.1 An employee who accrues time off in lieu (TOIL) in accordance with the applicable Award (ie this Award), or clause 2.8.2:
S2.8.1.1 Cannot lose that entitlement;
S2.8.1.2 Must take the entitlement in accordance with the following:
(a) At a time agreed with the employer within 3 months of accrual; or
(b) With the agreement of the employer, may accrue up to 5 days TOIL in a financial year before being subject to a direction to take the time; or
(c) At a time directed by the employer where the employee has not taken the time within 3 months of accrual or would otherwise carry forward to the next financial year more than 5 days TOIL.
S2.8.2 Where as a result of urgent and unavoidable work an employee has approval to work through their lunch break and is not entitled to any consequential loading or payment in respect of that period or the period of work until a break is taken, the employee is entitled to take their break at the earliest opportunity. Where such employee is not able to take a break prior the completion of their work during that day or shift, the employee is entitled to accrue as TOIL the period of the break not taken.
CLAUSE S2.9 LIMIT ON PUBLIC HOLIDAY WORK
OPDATE 29:10:2004 on and from
S2.9.1 An employee may be required to work on public holidays as part of their normal working arrangements, provided that generally an employee should not be required to work more than 7 public holidays in any one calendar year except with the agreement of the employee or in unavoidable circumstances.
CLAUSE S2.10 MINIMUM HOURS OF ENGAGEMENT
OPDATE 29:10:2004 on and from
S2.10.1 A casual employee will be engaged for a minimum period of three hours, unless otherwise expressly agreed between the agency and the employee.
S2.10.2 A part-time employee will be engaged for a minimum shift period of three hours, unless otherwise agreed between the agency and the employee.
S2.10.3 Nothing in this clause affects the operation of clause S2.3 On-call/Recall, nor does this apply to an employee to whom Schedule 1.18 Interpreters and Translators applies.
CLAUSE S2.11 CONTINUOUS IMPROVEMENT
OPDATE 29:10:2004 on and from
S2.11.1 This Award recognises that the SA Public Service will continue to evolve as a dynamic and customer responsive entity.
S2.11.2 Initiatives have been, and will continue to be, introduced to improve the efficiency and effectiveness of the service and provide quality services to clients.
S2.11.3 In applying the terms of this Award, the parties are committed to facilitating the implementation of initiatives aimed at achieving ongoing improvements in productivity and efficiency and enhanced performance of the South Australian public sector and its agencies, including:
S2.11.3.1 Facilitating ongoing improvements to service delivery and achievement of “best practice”;
S2.11.3.2 Facilitating the ongoing introduction of business reforms in agencies, including e-commerce and other technological advances;
S2.11.3.3 Facilitating the assessment and reform of existing work processes and ongoing improvements to work practices;
S2.11.3.4 Facilitating the achievement of an agency’s performance goals and performance measures;
S2.11.3.5 Supporting an agency requiring employees to participate in skills development and workplace related training/retraining (including accredited training);
S2.11.3.6 Facilitating an agency identifying trends and assessing their relevance to its operations.
CLAUSE S2.12 NO EXTRA CLAIMS
OPDATE 29:10:2004 on and from
The rates of pay provided for in this interim Award are inclusive of all previously awarded safety net adjustments and all future increases during the term of this interim Award, arising out of State Wage Case decisions, including safety net adjustments, living wage adjustments or general increases, howsoever described.
CLAUSE S2.13 CONSULTATIVE PROCESSES
OPDATE 29:10:2004 on and from
S2.13.1 The parties commit to the following consultative principles.
S2.13.2 Consultation involves the sharing of information and the exchange of views between employers and persons or bodies that must be consulted and the genuine opportunity for them to contribute effectively to any decision making process.
S2.13.3 Employers consult in good faith, not simply advise what will be done.
S2.13.4 It is an accepted principle that effective workplace relationships can only be achieved if appropriate consultation between the parties occurs on a regular basis.
S2.13.5 Workplace change which will affect a significant number of employees should not be implemented before appropriate consultation has occurred with employee representatives.
S2.13.6 Employee representatives will be given the opportunity to adequately consult with the people they represent in the workplace, in relation to any proposed changes that may affect employees’ working conditions or the services employees provide.
S2.13.7 In relation to significant issues of public sector wide reform, the Commissioner for Public Employment will consult with the UTLC in accordance with the above principles.
CLAUSE S2.14 GRIEVANCE AND DISPUTE AVOIDANCE PROCEDURES
OPDATE 29:10:2004 on and from
S2.14.1 This procedure aims to avoid industrial disputes in the agencies covered by this Award. Where a dispute occurs, it provides a means of settlement based on consultation, co-operation and discussion with the aim of the avoidance of interruption to work performance.
S2.14.2 Except where a bona fide health and safety issue is involved, during any dispute the status quo existing immediately prior to the matter giving rise to the dispute will remain. Work will continue as it was prior to the matter giving rise to dispute.
S2.14.3 No party will be prejudiced as to final settlement by the continuance of work in accordance with this clause.
S2.14.4 All parties have a right to seek representation in order to resolve any dispute.
S2.14.5 Any grievance or dispute will be handled as follows:
Stage 1 |
Discussions between the employee/s and supervisor. |
Stage 2 |
Discussions involving the employee/s and/or nominated representatives or delegates with the relevant agency management representative or nominated delegate. |
Stage 3 |
Discussions involving employees and/or nominated representatives or delegates and the relevant agency management representative or nominated delegate. At this stage, discussions may include representatives of the CE, DAIS. |
S2.14.6 A dispute will not be referred to the next stage until a genuine attempt to resolve the matter has been made at the appropriate level.
S2.14.7 There will be a commitment by the parties to achieve adherence to this procedure including the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute. Throughout all stages of the procedure all relevant facts will be clearly identified and recorded.
S2.14.8 Sensible time limits will be allowed for the completion of the various stages of the discussions. Discussions outlined in each of the first two stages above should, if possible, take place within 24 hours after the request of the employee/s or their representative.
S2.14.9 Emphasis should be placed on a negotiated settlement. However, if the process breaks down, or is exhausted without the dispute being resolved, any party may refer the matter to the Commission, where appropriate. In order to allow for peaceful resolution of grievances the parties will be committed to avoid industrial disputation while the procedures of negotiation and conciliation are being followed.
S2.14.10 The parties will ensure that all practices applied during the operation of the procedure are in accordance with safe working practices.
