AP817693 - Kmart Australia Ltd Award 2002
PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
9. DISPUTES RESOLUTION PROCEDURE
The parties recognise the need to quickly resolve any grievance. Work will continue in accordance with the practices existing prior to the matter in dispute arising or other agreed arrangements, subject to health and safety considerations, whilst the disputes procedure is in process. No party shall be prejudiced as to the final settlement by the continuance or deferment of work in accordance with this clause.
9.1 The employee and immediate manager
In the event of any employee expressing a grievance or request, they shall raise and discuss the matter with their immediate manager at the store concerned. The manager shall endeavour to resolve the matter as soon as practicable. If an employee has a problem with discussing a matter with their manager they may proceed immediately to the next stage.
9.2 The employee and Store Manager
If the matter is not resolved with the immediate manager, either the immediate manager or employee may refer the matter to the Store Manager. The employee may be supported in their discussions by their union delegate or other employee nominated representative.
9.3 The employee and Store Manager
If the matter is not resolved with the Store Manager initially, the employee may be supported in further discussions by their union delegate or other employee nominated representative and/or the union organiser if desired.
9.4 The employee and the Regional Services Manager
Should the matter remain unresolved, the employee, union delegate and/or union organiser or other employee representative and store manager will refer the matter to the Regional Services Manager for discussion. A union organiser or other employee representative may become involved if so requested by the employee.
9.5 The employee and the Human Resources Manager
Should the matter remain unresolved, the employee, union delegate and/or union organiser or other employee representative and Store Manager will refer the matter to the Human Resources Manager for discussion. A union organiser or other employee representative may become involved if so requested by the employee.
9.6 The employee and the National Employee Relations Manager
Should the matter continue the Human Resources Manager shall inform the Employee Relations Manager of the matter. The Employee Relations Manager will endeavour to resolve the dispute by consulting with the relevant parties.
9.7 Australian Industrial Relations Commission
If the matter cannot be resolved by this stage, it may be referred to the Australian Industrial Relations Commission (A.I.R.C.) for determination.
9.8 Grievance Procedure Training Leave
9.8.1 Subject to the following conditions, elected Union delegate(s), appointed Union representative(s) or employee representative(s) shall be granted leave with pay to attend grievance procedure training which is conducted by an accredited training provider and approved by the SDA:
(a) No more than 5 paid shifts shall be granted in any store in any calendar year. Any additional shifts shall be unpaid.
(b) Untaken paid leave shall not accrue from year to year or be transferred from one store to another.
9.8.2 Applications to attend courses shall be in writing and shall include details of the type and content of the course to be attended and the dates upon which the course is to be conducted. Applications shall be made not less than one calendar month before the intended course, or such lesser period as may be agreed between the Company, the Union and the employee concerned.
9.8.3 Once received, applications shall be granted by the Company on the dates notified by the Union, subject to the Company’s ability to maintain normal store operating requirements.
9.8.4 Leave will not be granted from 5 weeks prior to Christmas day until after January stocktake, the week before and the week of July stocktake, the week of Easter, Mothers day and Fathers Day.
9.8.5 Leave granted pursuant to this clause shall count as service for all purposes of this award.
9.8.6 Any employee on paid leave in accordance with this clause shall receive payment in accordance with the roster they would have worked for the period of absence.
9.8.7 The Company shall not be required to pay any other costs associated with such leave.
9.8.8 On completion of the course the employee shall, in order to be paid, provide proof satisfactory to the Company of their attendance at the course, and upon request, inform the Company of the nature of the course and their observations of it.
