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AP824076 - Australian Government Employment – Conditions and Salaries Award 2003

9. PROCEDURE TO AVOID INDUSTRIAL DISPUTATION

9.1 Consultative Mechanism

The CEO and employees, in each agency covered by this award, may establish a mechanism and procedures which enable them to communicate and consult about matters arising out of this Award, in particular, but not exclusively, Clauses 7 and 8. Employees participating in these arrangements will not suffer any loss of pay.

9.2 Process

In the event of a dispute arising in an agency the procedure to be followed to resolve the matter will be as follows:

9.2.1 the employee/s and the supervisor will meet and confer on the matter;

9.2.2 if the matter is not resolved at such a meeting, the parties will arrange for further discussions between the employee/s and more senior levels of management; and

9.2.3 at any time during 9.2.1 and 9.2.2 the employee/s may choose to be represented by the union delegate/official or other employee representative.

9.3 Matter not resolved

If the matter is still not resolved, a discussion will be held between the CEO and/or a nominated representative, and the union or another employee representative.

9.4 Reference to AIRC

If the matter cannot be resolved it may be referred to the AIRC.

9.5 Continuation of work

While the parties attempt to resolve the matter, work will continue as normal unless the employee/s has a reasonable concern about an imminent risk to their health and safety.

9.6 Leave of absence to attend proceedings

Where the provisions of 9.2 and 9.3 have been complied with, and to assist the resolution of the matter, the union delegate/employee representative referred to in 9.2.3, will be granted leave of absence to attend AIRC proceedings arising from referral of the matter in 9.4.

9.6.1 A union delegate/employee representative granted leave of absence under 9.6 will not suffer any loss of pay.

9.7 Leave of absence to attend courses

To assist in the resolution of disputes in an agency a union delegate/employee representative, referred to in 9.2.3, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the agency.

9.7.1 The specific training course will be agreed between the employer and the individual employee.

9.7.2 A union delegate/employee representative granted leave of absence under 9.7 will not suffer any loss of pay.

9.8 Notice Boards

To facilitate communication between employees and/or employee representatives at the workplace, the employer will permit the use of notice boards, provided that such communication is not offensive or improper.

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