AP806214CRV - Home and Community Care Award 2001
PART 3 – CONSULTATION AND DISPUTE RESOLUTION
10. PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES
10.1 Subject to the provisions of the Workplace Relations Act 1996 (as varied from time to time) a grievance or issue arising between the Company and an employee or employees shall be dealt with within the following procedures:
10.1.1 If a matter arises which gives concern to an employee or employees such matter shall be discussed by him or her or them with the immediate supervisor.
10.1.2 If after such discussion the matter remains unresolved within two working days it shall be referred to the accredited representative of the Union or other nominated representative who shall discuss the matter with an appropriate representative of the Company’s management.
10.1.3 Failure to resolve the matter within a further two working days shall result in the matter being referred to an officer of the Union or other nominated representative. Such officer shall discuss the issues with the appropriate management representative and both shall take all reasonable steps to settle the matter without delay.
10.1.4 If the matter remains unresolved within a reasonable time then the matter shall be discussed between the Branch Secretary or other appropriate official of the Union and a management representative.
10.1.5 If settlement of the matter(s) in dispute is not achieved within a reasonable time the matter shall be notified to the AIRC for conciliation. If such conciliation is unsuccessful, then if both parties consent, the matter can be referred to the AIRC for arbitration. When arbitration is agreed to by both parties, then the AIRC’s decision will be accepted by all parties subject to legal rights of appeal.
10.2 Whilst the above procedures are being followed, work shall continue as it was prior to the dispute. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this clause.
10.3 This clause shall not apply to any dispute that is a bona fide safety issue which shall be resolved in accordance with the procedures of the Occupational Health and Safety Act Victoria (1985).
