AP802001CRV - Victorian Independent Schools - Teachers - Award 1998

PART 3 - COMMUNICATION AND GRIEVANCE RESOLUTION 

9. GRIEVANCE PROCEDURE

9.1 Step 1

Every attempt will be made to resolve a grievance by discussions between the employer and the teacher(s) directly involved at the school or the employer and the union where the grievance is between the employer and the union. This does not preclude the right of either party to seek advice from outside the school, nor does it necessitate such an approach where this is impracticable.

9.2 Step 2

Where a grievance is not resolved by Step 1, the employer or the teacher(s) may seek the assistance of a union, employer association or other representatives in order that a further attempt may be made to resolve the matter.

9.3 Step 3

Where the employer and the teacher(s) are unable to resolve the matter, they may agree to refer it to a mutually acceptable mediator for resolution. Either party may seek the assistance of a representative.

9.4 Step 4

In the event that Steps 1, 2 and 3 fail to resolve the matter it may be referred by either party to the Commission. In normal circumstances, the matter should not be referred by either party to the Commission prior to the completion of Steps 1 and 2, and where agreed, Step 3.

9.5 Redundancy disputes

[9.5 inserted by PR952262 ppc 14Dec04]

9.5.1 Paragraphs 9.5.2 and 9.5.3 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.

9.5.2 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 any affected employee) in good time, with relevant information:

• the reasons for any proposed redundancy;
• the number and categories of workers likely to be affected; and
• the period over which any proposed redundancies are intended to be carried out.

9.5.3 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.