AP825433 - Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Clerical and Administrative Employees Award 2003
PART 3 - DISPUTE RESOLUTION
8. GRIEVANCE PROCEDURE
8.1 In the first instance, the matter shall, wherever possible, be discussed by the aggrieved employee and the manager at the department/location concerned with the joint intent of achieving a satisfactory outcome.
8.2 If the matter remains unresolved, it may be referred to a union representative or an employee nominated representative and an appropriate representative of the Company who will assist in satisfactorily resolving the issue.
8.3 Should the issue still remain unresolved, an appropriate official from the union or an employee nominated representative and a representative of the Company will then become involved. This may involve senior union officials or a employee nominated representative and management meeting as required, to resolve any dispute.
8.4 If the matter still cannot be resolved, it will be referred to the Australian Industrial Relations Commission for conciliation and/or arbitration providing the matter is within the Commission's jurisdiction.
8.5 Until the matter is finally determined, all work shall continue in accordance with the practices existing prior to the matter in dispute arising, or other agreed arrangements. No party shall be prejudiced, as to the final settlement by the continuance or deferment of the work in accordance with this subclause.
8.6 The above procedure is subject to the Company's responsibility to provide a safe and healthy working environment.
8.7 Redundancy disputes
[8.7 inserted by PR949304 ppc 01Jul04]
8.7.1 Paragraphs 8.7.2 and 8.7.3 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.
8.7.2 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:
8.7.3 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.
