AN150140 – Social and Community Services Award

CLAUSE 3.2 DISPUTE SETTLING PROCEDURE
OPDATE 04:11:2005 on and from

3.2.1 Each enterprise must establish a procedure to avoid or resolve disputes.

3.2.2 A procedure for the avoidance or resolution of disputes will apply in all enterprises covered by this award. The mechanism and procedures for resolving industrial disputes will include the following:

3.2.2.1 The employee/s concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a delegate of their union.

3.2.2.2 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee/s may invite a union official or other nominated representative to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.

3.2.2.3 If the matter remains unresolved, the employer may refer it to a more senior level of management or to a more senior officer within the employer organisation. The employee may invite a more senior union official or other nominated representative to be involved in the discussions. In the event there is no agreement to refer the matter to a more senior level or it is agreed that such reference would not resolve the matter the parties may jointly or individually refer the matter to the Commission for conciliation and/or arbitration.

3.2.3 In order to facilitate the procedure in 3.2.2:

3.2.3.1 The party with the grievance must notify the other party at the earliest opportunity of the problem.

3.2.3.1 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.

3.2.3.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as practicable.