AP839983 - Airline Operations - Licensed Aircraft Engineers - Qantas Airways Limited - Award 2005
PART 3 - DISPUTE RESOLUTION
11. SETTLEMENT OF DISPUTES
11.1 Notice board
The Company will permit a notice board to be erected in each workplace or part of a workplace to facilitate communication between employees and/or their association/ union.
11.2 Part 1 (Matters not related to Part 2A of division 1 of the Air Navigation Act 1920)
11.2.1 Employees bound by this award shall not take part in any stoppage of work unless stoppage is called by the federal executive of the association or union. Should the federal executive call a stoppage it shall notify the head office of the employer concerned immediately such decision is made.
11.2.2 Subject to 11.2.6, all disputes should be resolved without a cessation of work.
11.2.3 When a dispute arises a conference shall be held between the local representative of the association and the management of the Company. Such conference to be commenced as soon as practicable by the parties.
11.2.4 In the event of the dispute not being resolved as in 11.2.3, a conference shall be held between the federal office of the association or union and the management of the Company.
11.2.5 Should such conference not produce a solution to the dispute, the parties shall refer the dispute to an arbitrator, to be mutually agreed upon, for determination. Should there be no mutual agreement as to the arbitrator, the matter may then be notified to the Australian Industrial Relations Commission for conciliation or arbitration of the said dispute, by either party.
11.2.6 Employees directly concerned shall have the right to cease work pending the resolution of any bona fide safety issue but shall notify the supervisor in charge. In the case of a stoppage which is finally determined not to be a bona fide safety issue no wages shall be paid to the employees involved for the duration of the stoppage.
11.3 Part 2 (Matters related to Part 2A of division 1 of the Air Navigation Act 1920)
11.3.1 In the event of accident or incident as defined in clause 4 - Definitions, persons involved are to make a statement, without prejudice, as soon as practicable. Such statement may be made in the presence of a friend.
11.3.2 After receiving the statement, the employer is entitled to stand the person down, with pay, whilst the report, in total, is considered.
11.3.3 Should the employer be satisfied with the report and no further action is required, the person so cleared will be advised to resume normal work.
11.3.4 Where it is proposed to further interview an employee in connection with the employee’s alleged involvement in an accident or incident which may lead to further action against the employee, the employee will be informed by the responsible officer of the employer:
11.3.4(a) of the purpose of the interview;
11.3.4(b) of the charge against him/her and outline of reasons therefore;
11.3.4(c) that further action may result;
11.3.4(d) that the employee has the right to be accompanied and represented by an accredited representative of the association of which the employee is a member or another employee representative; and
11.3.4(e) the employee may request reasonable time (not more than 24 hours) to become familiar with any relevant matters.
11.3.5 If the employee elects to be accompanied and/or represented by such accredited representative, the employee may require that the advice given in 11.3.4(a) to 11.3.4(e) will be repeated in the presence of such accredited representative.
11.3.6 If, following such interview, the employer proposes to dismiss, suspend without pay, or remove the employee from a supervisory position, the employee will be informed in the presence of an accredited representative of the association of which the employee is a member, or other employee representative.
11.3.7 In the event that an employee is dissatisfied with the decision, the matter may be referred to the Commission.
11.3.8 Subject to any appeal rights of the parties, the decision of the Commission in relation to the matters raised under this clause will be final and binding.
11.3.9 In addition to other provisions of this clause, in the prevention or settling of disputes the duly appointed representative or delegate of the association or union in the workplace is entitled to such paid time during working hours as is necessary to meet with the employer or its representatives to discuss the matters affecting the employees.
11.4 Redundancy disputes
11.4.1 Paragraphs 11.4.2 and 11.4.3 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.
11.4.2 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:
11.4.3 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.
