AP831338 - Clerks’ (Alcoa of Australia – Victorian Operations) Award 2003

PART 2 - DISPUTE RESOLUTION 

9. SETTLEMENT OF DISPUTES

[9 substituted by PR959506 ppc 01Jul05]

9.1 Should any grievance or dispute arise between the Company and employee(s) on any matter concerning the operation of this award, the Company, the employee(s) concerned and their representatives shall confer in good faith with a view to its settlement in accordance with the following procedures.

9.1.1 Should any matter occur that gives cause for concern to an employee, the person involved should raise and discuss the matter with his/her immediate supervisor.

9.1.2 If not settled, the matter should then be discussed between the employee, his/her nominated representative, supervisor and relevant manager.

9.1.3 If still not settled, the matter should then be submitted by the employee or his/her nominated representative to the Human Resources Business Partner who will seek its resolution through discussions with those involved.

9.1.4 If still not settled, the employee, his/her nominated representative or the Human Resources Business Partner may seek the involvement of an appropriate official(s) of the Union.

9.1.5 If the matter remains unresolved, it may then be referred by the Company and/or the Union to the Commission for conciliation and/or arbitration.

9.2 Until the matter is determined in accordance with the above procedure, work will continue normally and without prejudice as to final settlement. All parties to the award -the Company, its officials, the Union and employees - will take all possible action to settle any dispute within fourteen days of its notification to the Human Resources Business Partner.

9.3 Paragraphs 9.3.1 and 9.3.2 impose additional obligations on the Company where it contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute).

9.3.1 Where a redundancy dispute arises, and if it has not already done so, the Company must provide affected employees and the union (if requested by any affected employee) in good time, with relevant information including:

(a) the reasons for any proposed redundancy;
(b) the number and categories of workers likely to be affected; and
(c) the period over which any proposed redundancies are intended to be carried out.

9.3.2 Where a redundancy dispute arises and discussions occur in accordance with this sub-clause the Company 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.