AN160142 – Gold Mining Engineering and Maintenance Award

24. - RESOLUTION OF DISPUTES PROCEDURE

(1) It is the intention of the parties to this award that procedures for the avoidance of and resolution of industrial disputes be implemented.

The objectives of the procedure shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussion; and to avoid interruption to the performance of work and the consequential loss of production and wages.

(2) Regard shall be paid to the following principles:

(a) To allow for the peaceful resolution of issues, the parties shall be committed to follow the procedures of negotiation and conciliation, and shall observe the provisions of relevant health and safety legislation.

(b) Depending on the issues involved, the size and function of the enterprise a procedure involving up to four stages of discussion shall apply. These are:

(i) Discussion between the employee/s concerned and the immediate supervisor.

(ii) Discussion involving the employee/s concerned, the shop steward and the employer representative.

(iii) Discussion involving representatives of the State Branch of the union and employer representatives.

(iv) Discussions involving senior union officials and senior management representatives.

There shall be an opportunity for the parties to progress an issue to a higher stage of procedure.

(c) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

(d) The procedure shall incorporate a requirement to document all relevant facts where requested by either of the parties.

(e) Sensible time limits shall be allowed for the completion of the various stages of the procedure.

(f) Where the process of discussion does not resolve the matter, the parties shall refer the matter to the Western Australian Industrial Relations Commission for resolution in accordance with the Industrial Relations Act, 1979