AP814640 - Launceston City Council Award 2002
20. DISPUTE SETTLING PROCEDURE
20.1 It is recognised by the parties that employees’ grievances should be resolved quickly and effectively without recourse to industrial action.
20.2 In the event of any grievance or dispute arising in relation to this agreement or as to the performance of any work for which remuneration rates are prescribed by this agreement or in respect of any other matter which could affect the continuity of work, the work shall nevertheless be continued in the usual manner without bans or limitations on the performance of work while the following steps are followed:
20.2.1 Step 1
20.2.1(a) In the first instance the problem/dispute should be resolved at the lowest possible level, i.e. informally between the employee concerned and the area or departmental supervisor.
20.2.1(b) The employee, during this stage of the dispute, may choose to notify the supervisor, in writing, of the nature of the grievance and the remedy sought.
20.2.2 Step 2
20.2.2(a) If the matter is still unresolved then discussions should be conducted between the employee and/or his/her union delegate or nominated representative, a more senior manager and if necessary, the Human Resources Manager.
20.2.2(b) At the conclusion of these discussions, if the matter has not been resolved, the employer must provide a response to the employee’s grievance with reasons for not implementing the remedy sought by the employee.
20.2.2(c) A written report should be prepared to record the circumstances of the dispute, what action has been taken and what further action needs to occur. A copy of the report is to be made available to all parties. When disputes occur around sensitive areas it may be more appropriate for a written report not to be prepared.
20.2.3 Step 3
If the matter remains unresolved further discussions will be conducted between the parties and the General Manager.
20.2.4 Step 4
If, at this stage, the dispute/problem has not been settled “in house”, the employer, the employee and/or his/her representative, may apply to a third party, either a Board of Reference or the Australian Industrial Relations Commission, for the purpose of settling such dispute.
20.3 The above stages should be conducted within a reasonable timeframe.
20.4 Redundancy disputes
[20.4 inserted by PR959857 ppc 18Jul05]
20.4.1 Paragraphs 20.4.2 and 20.4.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute).
20.4.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the union (if requested by any affected employee) in good time, with relevant information including:
20.4.3 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.
