Aboriginal Legal Rights Movement Inc. (SA) Award, 1999

AP766925 - Aboriginal Legal Rights Movement Inc. (SA) Award, 1999

PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 

3.1 SETTLEMENT OF DISPUTES

3.1.1 A procedure for the avoidance or resolution of disputes will apply in all workplaces covered by this award. The mechanism and procedures for resolving industrial disputes will include, but are not limited to the following:

3.1.2 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 workplace representative or delegate of their union.

3.1.3 If the matter is not resolved at such meeting the parties will arrange further discussions which may involve more senior management as appropriate. The employee/s may invite a union official 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.

3.1.4 In the event there is no agreement, or it is agreed that such reference to a more senior level would not resolve the matter the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the matter.

3.1.5 In order to facilitate the procedure in 3.1:

• The party with the grievance must notify the other party at the earliest opportunity of the existence of the problem.
• Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.
• 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.

3.1.6 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 State or Territory 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.

3.1.7 Redundancy Disputes Procedure

[3.1.7 inserted by PR949555 ppc 12Jul04]

3.1.7(a) Sub-clauses 3.1.7(b) and 3.1.7(c) impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (‘a redundancy dispute’). These additional obligations do not apply to employers who employ fewer than 15 employees.

3.1.7(b) Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information including:

3.1.7(b)(i) the reasons for any proposed redundancy;

3.1.7(b)(ii) the number and categories of workers likely to be affected; and

3.1.7(b)(iii) the period over which any proposed redundancies are intended to be carried out.

3.1.7(c) Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.