AP805733 - Commercial Travellers (A.C.T.) Award 2000
12. PROCEDURE FOR THE SETTLEMENT OF INDUSTRIAL DISPUTES
12.1 In the event of a dispute arising at the workplace the procedure to be followed to resolve the matter will be as follows:
12.1.1 Any grievance, claim or dispute which arises shall where possible, be settled by discussion on the job between the affected employees, the union delegate or other nominated representative and the employer.
12.1.2 If the matter is not resolved at such a meeting, the relevant union organiser and delegate or other nominated representative of the employee will discuss the matter with representatives of the employer.
12.1.3 Should the matter still not be resolved a joint discussion shall be held between representatives of the employer and the union or other nominated representative.
12.1.4 If the matters are not finalised they shall be referred to the AIRC by either party.
12.2 Whilst the foregoing procedure is being followed work shall continue normally without bans or limitations. Where it is agreed that there is an existing custom work shall continue in accordance with that custom, but in other cases, the work shall continue in accordance with the direction of the employer. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.
12.3 Notwithstanding the requirements to continue normal work whilst procedures outlined in this clause are being followed, nothing in this clause shall be taken to require any employee to work under dangerous or hazardous conditions.
12.4 Dispute settling training
12.4.1 Where the employer has been advised of the appointment of a Union delegate/Employee Representative, the employer will, subject to the following clause, allow each of the delegates two days paid leave for the purpose of attending a course conducted by an accredited training organisation, in dispute resolution procedures contained in this award.
12.4.2 The granting of leave, pursuant to this clause, shall be subject to the employee or the Union giving not less than 25 working days notice of the intention to attend such course, or such lesser period of notice as may be agreed by the employer.
12.5 Redundancy disputes procedure
[12.5 inserted by PR948787 from 29Jun04]
12.5.1 Subclauses 12.3.2 and 12.3.3 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.
12.5.2 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 an affected employee) in good time, with relevant information including:
12.5.2(a) the reasons for any proposed redundancy;
12.5.2(b) the number and categories of workers likely to be affected;
12.5.2(c) the period over which any proposed redundancies are intended to be carried out.
12.5.3 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.
