AN160308 – Teachers' Aides' (Independent Schools) Award 1988

23. - DISPUTE SETTLING PROCEDURE

(1) The principle of conciliation and direct negotiation shall be adopted for the purpose of prevention and settlement of any questions, disputes or difficulties that may arise.

(2) The parties shall take an early and active part in discussion and negotiation aimed at preventing or settling questions, disputes or difficulties in accordance with the agreed procedure set out hereunder.

(3) Procedure of Settlement of Disputes

(a) The employee and the employee’s supervisor should confer, clearly identify the facts and where possible, resolve the issue.

(b) If not resolved, the employee, the Union representative, the supervisor and employer representative shall confer and, where possible, resolve the issues.

(c) If not resolved the parties may confer with the parties to this award on this matter, and where possible, resolve the issue.

(d) If the matter is still not settled, either party may submit the matter for conciliation/arbitration by the Western Australian Industrial Relations Commission.

(4) Until the matter is resolved in accordance with the above procedure, the status quo shall remain. While the above procedure is being followed, no party shall be prejudiced as to the final settlement by the continuation of work in accordance with this procedure.

(5) It is acknowledged that if the dispute relates to an alleged ambiguity or uncertainty in this award any party may at any time apply for variation of the award to eliminate the alleged uncertainty or ambiguity.

(6) The provision of this clause shall not preclude an employee from discussing any grievance with a union representative as he or she deems fit. Neither shall the provision of this clause pre-empt, limit or delay the right of the union to enter into direct negotiations with the employer to resolve matters in dispute or to address matters of mutual concern.