AP815828CRV - Australian Workers' Union Construction and Maintenance Award 2002
PART 3 - CONSULTATION AND DISPUTE RESOLUTION
12. DISPUTES RESOLUTION PROCEDURE
12.1 Settlement of disputes
12.1.1 In the event of any dispute or claim arising between an employer and an employee such dispute or matter shall be dealt with in the following manner:
12.1.1(a) In the first instance the dispute or claim shall be taken up with the foreperson or supervisor by the employee or employees concerned or the duly appointed union representative.
12.1.1(b) For the purposes of this award duly appointed union representative shall mean the union member appointed as a job steward/delegate by the union members employed at each company or site and accredited by the union. Such job steward/delegate shall be allowed the necessary time during working hours to interview the employee(s), the employer or nominated employer representative, and duly accredited Officials of the Union on the matters in dispute.
12.1.1(c) Provided that the foregoing does not relieve the job steward/delegate of the obligation imposed by the employer.
12.1.1(d) If the dispute or claim is not satisfactorily resolved in accordance with 12.1.1(a) hereof, then the employee(s) or the duly appointed union representative shall approach the employer or the employers representative for discussion and/or negotiation.
12.1.1(e) If the matter remains unresolved then the duly appointed union representative shall inform the State Secretary or the State official responsible of the union of the nature of the matter in dispute or claimed and discussions shall take place as soon as possible between such officers or representatives of an association of employers as the employer may desire and the respective union. The employer shall afford to the duly appointed union representative such available facilities as to assist in making early contact with the union.
12.1.1(f) If settlement cannot be reached through the above procedures then either party may refer the matter to the locally organised Board of Reference/Disputes Board (where these have been established by agreement between the parties) and/or the Australian Industrial Relations Commission.
12.1.2 Where the above procedures are being followed, work shall continue normally. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause. This subclause shall not apply to any dispute involving a bona fide safety issue.
12.1.3 If the dispute is not finalised within seven days of notification the parties shall be free to exercise their rights.
12.1.4 Provided however, that where a separate disputes settlement procedure has been agreed between the parties as part of an on-site agreement, and this has been endorsed by the Commission, that procedure shall prevail over the above.
12.1.5 Each duly appointed union representative shall be granted up to five days paid leave per year to undertake training that will assist them in their settlement of disputes role. The time of taking such leave shall be agreed with the relevant union so as to minimise any adverse affect on the employers’ operations.
12.2 Board of Reference/Disputes Board
Where a matter has been referred to a Board of Reference/Disputes Board:
12.2.1 it shall convene a meeting to consider any matter referred to it at the earliest possible date;
12.2.2 decisions of a Board of Reference/Disputes Board shall be by majority, but where the employer and employee representatives are divided, the chairperson shall have the power to determine the matter;
12.2.3 a Board of Reference/Disputes Board shall not have the power to hear disputes concerning an extension or variation of the provisions of an award, site or other agreement involving wages and conditions of work.
