AP784988CRV - Insurance Industry Award 1998

PART 3 - DISPUTE RESOLUTION 

9. PROCEDURE TO AVOID INDUSTRIAL DISPUTATION

9.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

9.1.1 The employee will meet the immediate supervisor to discuss the issue.

9.1.2 Where the matter is not resolved at this meeting, the parties involved in the dispute will arrange further discussions between the employee and his or her nominated representative, if any, and more senior levels of management.

9.2 If the matter is still not resolved a discussion will be held between representatives of the Insurance Employers Industrial Association, or any other representative of the employer, and the Union or any other representative of the employee.

9.3 If the matter remains unresolved after these discussions it may be referred to the Australian Industrial Relations Commission.

9.4 While the parties attempt to resolve the matter work will continue as normal unless the employee has reasonable concern about an imminent risk to his or her health and safety.

9.5 An employee who is a member of the union may seek the assistance of the union at any stage in the procedure.

9.6 Redundancy Disputes

[9.6 inserted by PR950936 ppc 10Aug04]

9.6.1 Sub-clauses 9.6.2 and 9.6.3 impose additional obligations on the Employer where the 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.

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

9.6.2 (a) the reasons for any proposed redundancy;

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

9.6.2 (c) the period over which any proposed redundancies are intended to be carried out.

9.6.3 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.