AP799690 - Transport Workers’ (Oil Companies) Award 1998

PART 2 – COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 

8. SETTLEMENT OF DISPUTES OR CLAIMS

8.1 Subject to the Workplace Relations Act 1996 any dispute or claim shall be settled in the following manner:

8.1.1 the matter shall first be discussed between the aggrieved employee and supervisor;

8.1.2 if not settled, the matter shall then be discussed between the union delegate and the appropriate line Management representative. In following the disputes procedure, the union delegate will be released from duty, subject to the requirements of the business;

8.1.3 if not settled, where the employee elects, the matter shall then be discussed between a State Official of the union and the appropriate line management representative;

8.1.4 if agreement has not been reached, where the employee elects, the matter shall then be discussed between a Head Office Management Representative and the appropriate Federal Official of the union;

[Sec II:8.1.5 varied by S2403 from 27Jul98]

8.1.5 if the matter is still not settled it shall be submitted to a member of the Australian Industrial Relations Commission whose decision shall be final, subject to any appeal in accordance with the Act, and shall be accepted by the parties.

8.2 Until the matter is determined, work shall continue normally where it is agreed that there is an existing custom but, in other cases, the work shall continue as instructed by the employer. No party shall be prejudiced as to final settlement by the continuation of work in accordance with this subclause.

8.3 Where a bona fide safety issue is involved the employer and the appropriate safety authority must be notified concurrently or at least a bona fide attempt made to so notify that authority.