AP820387 - Clerks’ (Oil Companies) Award 2002
PART 3 - PREVENTION AND AVOIDANCE OF DISPUTES
9. SETTLEMENT OF DISPUTES OR CLAIMS
9.1 Subject to the Australian Workplace Relations Act 1996 (as amended) any industrial dispute or claim arising out of or relating to this award will be dealt with in the following manner:
9.1.1 the matter will first be discussed between the aggrieved employee and his/her supervisor;
9.1.2 if not then settled the matter will be discussed between the Office Delegate and the Industrial Officer or other appropriate officer of the employer concerned;
9.1.3 if not then settled the matter will be discussed between the State Secretary or other appropriate official of the union or other employee representative and the appropriate representative of the employer;
9.1.4 if settlement is not reached, the matter will then be discussed between a representative of the Head Office of the employer and the appropriate National official of the union or other employee representative. The provisions of this paragraph need not apply when only one company is involved unless either that company or the union requests otherwise.
9.1.5 if the matter is still not settled it will be submitted to the AIRC, the decision of which will, subject to any rights of appeal in accordance with the Workplace Relations Act 1996 (as amended), be final and will be accepted by the parties.
9.2 Until the matter is determined, work will continue normally. Where it is agreed there is an existing custom, work will continue in accordance with that custom, but where there is no such agreement, the employer’s direction will be accepted. A party will not be prejudiced as to final settlement by the continuation of work in accordance with this subclause.
9.3 Redundancy disputes
[9.3 inserted by PR951767 ppc 12Jul04]
9.3.1 Paragraphs 9.3.2 and 9.3.3 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.
9.3.2 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:
9.3.3 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.
