AP829982 - Metal Industry (Victorian Public Hospitals) Award 2002

9. DISPUTES SETTLING PROCEDURE

9.1 Where a dispute concerning the operation of this award arises, the following steps shall be taken:

9.1.1 Depending on the issues involved, the size and function of the employer or enterprise and the union membership of the employees concerned, a procedure involving up to four stages of discussion shall apply. These are:

9.1.1(a) discussions between the employee(s) concerned and at his/her request the appropriate union shop steward/delegates or other employee representative, and the immediate supervisors. Subject to 9.1.3 and 9.1.4, where a shop steward or delegate is involved he/she shall be allowed the necessary time during working hours to interview the employee(s) and the supervisor;

9.1.1(b) discussions involving the employee(s), the shop steward(s) or other employee representative and more senior management;

9.1.1(c) discussions involving representatives from the State branch of the union(s) or other employee representative concerned and the agency representatives. The shop steward or delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited union officials of the union of which they belong;

9.1.1(d) discussions involving senior union officials (State secretary or national officer) or other employee representative and the employer organisation (national officer).

There shall be an opportunity for any party to raise the issue to a higher stage.

9.1.2 Emphasis shall be placed on a negotiated settlement. However, if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Australian Industrial Relations Commission for assistance in resolving the dispute.

9.1.3 In order to facilitate the procedure in 9.1.1:

9.1.3(a) The party with the grievance must notify the other party at the earliest opportunity of the problem;

9.1.3(b) Throughout all stages of the procedure all relevant facts must be clearly identified and recorded;

9.1.3(c) Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must cooperate to ensure that the disputes resolution procedures are carried out as quickly as possible.

9.1.4 While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern abut an imminent risk to his or her health and safety. Subject to relevant provisions of any State occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not reasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.

9.2 An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.

9.3 An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.