AP766738CRV - Adult and Community Education Professional Administrative Clerical Computing and Technical (PACCT) Staff Award 1999
PART 3 - COMMUNICATION CONSULTATION AND DISPUTE RESOLUTION
8. CONSULTATIVE MECHANISM AND PROCEDURES
8.1 For the purpose of this clause “union representative” means a nominee of the local NTEU Branch President or Secretary.
8.1.1 At each enterprise covered by this award the employer and employees and, if appropriate an appropriate union representative may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award, which they agree would assist in achieving and maintaining co-operative workplace relations and mutually beneficial work practices.
8.1.2 The employer shall permit a notice board to be erected in the workplace, to facilitate communication between employees and/or their union representatives.
8.2 Dispute resolution procedure
Each enterprise must establish a procedure to avoid or resolve disputes.
8.2.1 A procedure for the avoidance or resolution of disputes about the proper application of this award will apply in all enterprises covered by this award. The mechanism and procedures for resolving industrial disputes will include, but not be limited to, the following:
8.2.1(a) 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 union representative.
8.2.1(b) Subject to 8.2.2 where the union representative is involved he/she shall be allowed the necessary time during working hours to interview the employee(s) and the supervisor.
8.2.1(c) If the matter is not resolved at such a meeting the parties will arrange further discussions which should include a senior representative from the enterprise and the employee/s representative which may include the union delegate and/or a union official.
8.2.1(d) The union branch representative shall be allowed, at a place designated by the employer, a reasonable period of time during working hours to consult with the duly accredited Division and/or National Union Officials of the NTEU.
8.2.1(e) If the matter remains unresolved, either party may refer the matter to the Australian Industrial Relations Commission for determination
8.2.2 In order to facilitate the procedure in 8.2.1:
8.2.2(a) The party with the dispute must notify the other party at the earliest opportunity of the problem;
8.2.2(b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;
8.2.2(c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible. At each stage either party may accelerate the procedure should it be satisfied that the avenues of conciliation and negotiation are exhausted.
8.2.3 While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to relevant provisions of any occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
