AP839984 - Airline Operations - Technical Salaried Staff - Qantas Airways Limited - Award 2005
PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
11. PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES
11.1 In the event of a dispute arising in the workplace, the procedure to resolve the matter will be:
11.1.1 The employee and the employee’s supervisor meeting and conferring on the matter.
11.1.2 If the matter is not resolved at this meeting, the parties must arrange for further discussions between the employee and his or her nominated representative, if any, and more senior levels of management.
11.1.3 Where a union delegate/representative is involved they will be allowed the necessary time during working hours to interview the employee(s) and Company representatives.
11.2 If the matter is still not resolved, the matter must be discussed as follows:
11.2.1 Between the representative of the Company and the Branch Secretary (or other appropriate official) of the union or other employee representative;
11.2.2 If the matter is not resolved it must be discussed between the representative of the Company and the federal body of the union, if appropriate, or other employee representative.
11.2.3 With respect to 11.2.1 and 11.2.2 the union workplace delegate/representative will be allowed a reasonable period during working hours to interview the duly accredited union official(s) of the union to which they belong.
11.3 If the matter is not resolved it may be referred to the Commission, whose decision shall, subject to appeal in accordance with the Act, be final and shall be accepted by the parties.
11.4 While the parties attempt to resolve the matter, work will continue as instructed by the Company. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.
11.5 Where a bona fide safety issue is involved the Company and the appropriate safety authority must be notified or at least a bona fide attempt made to so notify that authority.
11.6 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 union representative.
11.7 A duly elected and/or appointed union delegate/representative and/or employee representative referred to in this clause will be entitled to and be granted leave with pay each calendar year, non-cumulative, to a maximum of five days per employee per year, to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award. Union delegates and/or employee representatives will only be entitled to reasonable leave in accordance with this clause for bona fide courses.
11.7.1 For the purposes of this clause, a bona fide course means a Dispute Resolution Training Leave Course conducted under the auspices of a registered training organisation whose scope of registration includes industrial relations training. Nothing in this clause shall prevent the union delegate and/or employee representative and the Company from reaching agreement that such training can be provided by the union or other accredited training provider/s.
11.7.2 An employee representative and/or union delegate or the union shall give the Company six weeks notice of his/her intention to attend such courses and the amount of leave to be taken, or such shorter period of notice as the Company may agree to accept.
11.7.3 The notice to the Company shall include details of the type, content and duration of the course to be attended. Upon request, the course curriculum will be provided to the Company.
11.7.4 The granting of leave pursuant to this clause shall be subject to the Company being able to make adequate staffing arrangements among current employees during the period of such leave.
11.7.5 Leave rights granted in accordance with this clause will not result in an additional payment or alternative time off to the extent that the course attended coincides with an employee's day off in the 19 day month work cycle or with any other concessional leave.
11.7.6 An employer shall not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary time earnings for such absence. For the purposes of this clause ordinary time earnings shall be defined as the relevant award classification rate including supplementary payments and shift work loadings, where relevant, plus over-award payment where applicable.
11.7.7 An employee shall not be eligible to attend such courses until six months continuous service has been served with the Company.
11.7.8 Leave of absence on training leave shall be counted as service.
11.7.9 The employee shall provide the Company with proof of attendance.
11.7.10 Any dispute in respect of leave provided by this clause shall be resolved in accordance with this clause. The employer must reject the written application for leave 21 days prior to the commencement of the dispute resolution training or the leave shall be granted. Where an application is rejected and the union wishes to have the matter dealt with in accordance with the settlement of dispute procedure, the parties must be notified within 14 days of the rejection or the application for leave will lapse.
11.8 Redundancy disputes
11.8.1 Paragraphs 11.8.2 and 11.8.3 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.
11.8.2 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:
11.8.3 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.
