AT779695 - Domino’s Pizza -Delivery Drivers Award 1999 [Transitional]
8. DISPUTE RESOLUTION PROCEDURE
8.1 The matters to be dealt with in this procedure will include all grievances or disputes between an employee and an employer in respect to any industrial matter and all other matters that the parties agree on and are specified herein. Such procedure will apply to a single employee or to any number of employees.
8.2 In the event of an employee having a grievance or dispute the employee will in the first instance attempt to resolve the matter with the immediate supervisor, who will respond to such request as soon as reasonably practicable under the circumstances.
8.3 If the grievance or dispute is not resolved under 8.2, the employee or the employee’s representative which may include the Transport Workers’ Union may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee’s representative.
8.4 If the grievance or dispute is still unresolved after discussions listed in 8.3, the matter will be reported to the Federal Secretary of the Transport Workers’ Union of Australia, Union of Employees, or other employee representative and the relevant Senior Management of the employer or the employer’s nominated industrial representative. This should occur as soon as it is evident that discussions under 8.3will not result in resolution of the dispute.
8.5 If, after discussion between the parties, or their nominees mentioned in 8.4, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given in pursuance of s.99 of the Workplace Relations Act 1996.
8.6 Whilst all of the above procedures are being followed normal work will continue except in a case of a genuine safety issue.
8.7 The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
8.8 All parties will give due consideration to matters raised or any suggestion or recommendation made by the Commission with a view to the prompt settlement of the dispute.
8.9 Any Order of the Australian Industrial Relations Commission (the Commission) (subject to the parties right of appeal under the Act) will be final and binding on all parties to the dispute.
8.10 Discussions at any stage of the procedure will not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it will be open to any party to give notification of the dispute pursuant to s.99 of the Workplace Relations Act 1996.
8.11 Redundancy disputes
[8.11 inserted by PR950703 ppc 12Aug04]
8.11.1 Paragraphs 8.11.2 and 8.11.3 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.
8.11.2 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:
8.11.3 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.
