AP798297 - South Australian Government Departments and Instrumentalities (Metal Trades) Award 1999

13. DISPUTE RESOLUTION PROCEDURE

13.1 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:

13.1.1 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 shop steward or delegate of their union.

13.1.2 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a union official or other employee representative to be involved in the discussions. The employer may also invite into the discussions an officer of the South Australian Government Department of the Premier and Cabinet.

13.1.3 If the matter remains unresolved, the employer may refer it to a more senior level of management as well as a representative of the South Australian Government Department of the Premier and Cabinet. The employee may invite a more senior union official or other employee representative to be involved in the discussions. 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 will jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the matter.

13.1.4 To faciltate the above procedure a shop steward / delegate or other employee representative will be allowed a reasonable period of time during working hours to interview the employee(s), the supervisor and where appropriate the duly accredited union official of the union to which they belong.

13.2 In order to facilitate the procedure in 13.1:

13.2.1 The party with the grievance must notify the other party at the earliest opportunity of the problem.

13.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.

13.2.3 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.

13.2.4 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 the employee’s employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.