AP795978 - Space Tracking Industry Award 1998
PART 3 - CONSULTATION AND DISPUTE RESOLUTION
10.1 CONSULTATIVE MECHANISM AND PROCEDURES
10.1.1 At each enterprise covered by this award the employer and employees, and, if appropriate an appropriate agent including a trade union, may establish a mechanism and procedures which enables them to communicate and consult about matters arising out of this award, in particular clauses 8 – Enterprise flexibility and clause 9 – Facilitative provision which they agree would assist in achieving and maintaining cooperative workplace relations and mutually beneficial work practices.
10.1.2 This award will be exhibited by each employer on their premises in a place accecable to all employees.
10.2 Dispute resolution procedure
10.2.1 A procedure for the avoidance or resolution of disputes 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:
10.2.2 The employee or employees concerned will first meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a shop steward or delegate of their union;
10.2.3 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. If a shop steward or union delegate has been involved in the discussions, the employee may invite a union official to become involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.
10.2.4 If the matter remains unresolved, the employer may refer it to a more senior level of management or to a more senior national officer within the employer organisation. If a union is involved the matter may be referred to a more senior national official. In the event there is no agreement to refer the matter to a more senior level or it is agreed that such a reference would not resolve the matter the parties must jointly or individually refer the matter to the Commission for assistance in resolving, and where appropriate determining, the matter.
10.2.5 In order to facilitate the procedure in 10.2:
10.2.5(a) the party with the grievance must notify the other party at the earliest possible opportunity of the problem;
10.2.5(b) throughout all stages of the procedure all relevant facts must be clearly identified and recorded;
10.2.5(c) sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must cooperate to ensure that the disputes resolution procedures are carried out as quickly as possible.
10.3 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 their 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 their health or safety, the employee must not unreasonably fail to comply with a direction by their employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform.
[10.4 inserted by PR953823 ppc 30Nov04]
10.4.1 Clauses 13 and 14 impose additional obligations on an 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.
10.4.2 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 inlcuding:
10.4.3 Where a redundancy dispute arises and discusssions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundacnies and measures to mitgate the adverse effects of any proposed redundancies on the employees concerned.
