AP811245 - Timber Industry – CFMEU Wood Panels – Award 2000
12. DISPUTES RESOLUTION PROCEDURE
12.1 A procedure for the avoidance and 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:
12.1.1 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.
12.1.2 Where the shop steward or delegate is involved that person shall be allowed the necessary time during working hours to interview the employee/s and the supervisor.
12.1.3 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 to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.
12.1.4 The shop steward or delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited union officials.
12.1.5 If the matter remains unresolved, the employer may refer it to a more senior level of management. The employee may invite a more senior union official 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 shall jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the matter.
12.2 In order to facilitate the grievance and dispute settling procedure:
12.2.1 The party with the grievance must notify the other party at the earliest opportunity of the problem.
12.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.
12.2.3 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.
12.2.4 Union delegates who will be involved in dispute resolution will be allowed to be trained in order to assist the employee to settle disputes as per this clause. The union must arrange for suitable training and apply in writing with a minimum of six weeks notice (or less amount by agreement) for up to five days leave with pay each calendar year, non-cumulative. Leave of absence granted pursuant to this clause shall count as service for all purposes. The time of taking leave shall be arranged so as to minimise any adverse effect on the employer’s operations.
12.3 While the parties are attempting to resolve the matter, the parties will continue to work in accordance with this award unless the employee has a reasonable concern about an imminent risk to the employee’s 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 health or safety, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.
