AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]

PART 3 – DISPUTE RESOLUTION 

11. DISPUTES SETTLEMENT PROCEDURE

In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

11.1 The employee and their supervisor meeting and conferring on the matter; and

11.2 If the matter is not resolved at such a meeting, the parties will arrange for further discussions between the employee and his or her nominated representative, if any, and more senior levels of management.

11.3 If the matter is still not resolved a discussion will be held between representatives of the relevant employer association, or other representative of the employer and the union or other employee representative.

11.4 If the matter cannot be resolved it may be referred to the Commission for resolution.

11.5 While the parties attempt to resolve the matter work will continue as normal unless an employee has a reasonable concern about, (1) an imminent risk to his or her health and safety, or (2) continuing discrimination or (3) continuing sexual harassment.

11.6 Redundancy disputes

[11.6 inserted by PR947665 ppc 08Jun04]

11.6.1 Paragraphs 11.6.2 and 11.6.3 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.

11.6.2 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:

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

11.6.3 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.