AP818787CRV - Clerks (Road Transport Industry) Award 2002
PART 3 - DISPUTE RESOLUTION
12. PROCEDURE TO AVOID INDUSTRIAL DISPUTATION
12.1 Dispute resolution procedure
12.1.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:
12.1.1(a) The employee and their supervisor meeting and conferring on the matter; and
12.1.1(b) if the matter is not resolved at such a meeting, the parties must arrange for further discussions between the employee and the employee’s nominated representative, if any, and more senior levels of management.
12.1.2 If the matter is still not resolved a discussion will be held between the employer and the Union or other employee representative.
12.1.3 If the matter cannot be resolved it may be referred to the Commission for resolution.
12.1.4 While the parties attempt to resolve the matter work will continue as normal unless an employee has a reasonable concern about an imminent risk to their health and safety.
12.1.5 An employer will provide paid leave to an elected employee representative with at least twelve months continuous service at his or her ordinary rate for the purpose of undertaking training to assist the employee representative to perform the role required by this clause, subject to the following conditions:
12.1.5(a) twenty days written notice must be given to the Company, such notice to include details of the course, including provider, content, dates and location of the course;
12.1.5(b) the course will be conducted under the auspices of any registered training organisation (RTO) whose scope of registration includes industrial relations training;
12.1.5(c) each elected representative is entitled to a maximum of five days paid training leave in any one year;
12.1.5(d) each request for leave must take into consideration normal staffing requirements in the elected representative’s work area;
12.1.5(e) leave of absence on disputes training leave shall be counted as service;
12.1.5(f) any site with less than fifteen permanent employees will be exempt from the requirement to provide disputes training leave.
12.2 Notice board
The employer shall permit a notice board to be erected in each office to facilitate communication between employees and/or their Union representatives.
12.3 Redundancy disputes
[12.3 inserted by PR969930 ppc 14Mar06]
12.3.1 Paragraphs 12.3.2 and 12.3.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.
12.3.2 Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by any affected employee) in good time, with relevant information including:
12.3.3 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.
