Australia Post General Conditions of Employment Award 1999

AP766597 - Australia Post General Conditions of Employment Award 1999

11. DISPUTE RESOLUTION PROCESS

11.1 A procedure for the avoidance and resolution of disputes will apply in all facilities covered by this award. The mechanism and procedure for resolving disputes will be as follows:

11.1.1 The employee will discuss the matter with their immediate manager/supervisor, however in circumstances where the matter may relate to the behaviour or actions of the immediate manager and it would be inappropriate to discuss the matter at that level, the employee may discuss the matter with the next highest level of management. The employee may choose to be accompanied by the relevant union delegate/official or another employee representative.

11.1.2 If the matter is not resolved at that level, the employee concerned may arrange further discussions involving more senior levels of management. The employee may choose to be accompanied by the relevant union delegate/official or another employee representative.

11.1.3 If the issue involves more than one employee, the employees involved, or management may raise the issue at the level considered appropriate. The employees may choose to be accompanied by the relevant union delegate/official or another employee representative.

11.1.4 If the matter remains unresolved after points 11.1.1 to 11.1.3 above have been followed, it may be notified to the Australian Industrial Relations Commission. The Commission may take action consistent with its powers under the Workplace Relations Act 1996 to deal with the matter.

11.2 In order to facilitate the procedure in 11.1:

11.2.1 The employee concerned must notify the relevant level of management of the problem at the earliest opportunity;

11.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;

11.2.3 Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the dispute resolution procedure is carried out as quickly as possible.

11.3 While the parties are attempting to resolve the matter the employee will continue to work in accordance with the Australia Post Award 1999 and the contract of employment unless the employee has a reasonable concern about an immediate threat to his or her health or safety. Subject to relevant provisions of the Occupational Health and Safety (Commonwealth Employment) Act 1991, even if the employee has a reasonable concern about an immediate threat to his or her health or safety, the employee must not unreasonably fail to comply with a direction by Australia Post to perform other available work, that is appropriate for the employee to perform.

11.4 To assist in the resolution of dispute in Australia Post a union delegate/ employee representative, referred to in 11.1, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of Australia Post.

11.4.1 The specific training courses will be agreed between the employer and the individual employee.

11.4.2 A union delegate/employee representative granted leave of absence under this clause will not suffer any loss of pay.