AP792504 - Pest Control Industry (Victoria) Award 2000
PART 3 - DISPUTE RESOLUTION
11. PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES
11.1 Dispute resolution procedure
11.1.1 A procedure for the avoidance of industrial disputes shall apply in establishments covered by this award.
11.1.2 To assist in this procedure being followed each employer shall provide a notice board upon which notices and a copy of this award shall be posted.
11.1.3 Any unauthorised notices posted on the notice board may be removed by the employer or its representative, or by an accredited union representative.
11.1.4 To facilitate the settlement of any such dispute the following channel of communication shall apply:
11.1.4(a) The employee will contact the Supervisor and attempt to settle the matters at that level. The employee may appoint another person to act on their behalf, including a union delegate.
11.1.4(b) Where the shop steward or delegate is involved the steward shall be allowed the necessary time during working hours to interview the employee(s) and the supervisor.
11.1.4(c) If agreement is not reached at this level the employee and/or their nominated representative, if any, will meet with the Supervisor, the Manager and the Personnel Manager if necessary.
11.1.4(d) If the matter is not resolved at these discussions the employee may notify a more senior union official/employee representative of the nature of the grievance for discussions to be carried out between representatives of the management and the union/employee representative.
11.1.4(e) The shop steward or delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited union Official of the union to which they belong.
11.1.5 It is agreed that there is a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problems which may rise to a grievance or dispute.
11.1.6 It is agreed that the work shall continue during the period of negotiation, discussion and consultation except in the case of work which is considered to be unsafe. In any case where work is considered to be unsafe, the Safety Officer and Safety Representative shall be immediately consulted to determine whether safety regulations are being observed. To facilitate the resolution of disputes regarding health and safety matters and subject to the provisions of the Occupational Health and Safety Act (Victoria) and successor legislation, Accredited Safety Representatives shall be entitled to paid leave to attend recognised training courses between the months of June to August inclusive.
11.1.7 If the problem remains unresolved, the matter may be referred by either party to the Australian Industrial Relations Commission for conciliation and if necessary, arbitration.
11.2 Disputes settling training
Training is to take place between the months of June to August inclusive during which time the employer shall grant paid leave to accredited health and safety representatives to attend recognised courses.
11.3 Redundancy disputes
[11.3 inserted by PR950217 ppc 30Aug04]
11.3.1 Paragraphs 11.3.2 and 11.3.3 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.
11.3.2 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:
11.3.3 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.
