AT809686 - Analabs Consent Award 2001 [Transitional]
PART 2 - DISPUTE RESOLUTION, CONSULTATION
8. GRIEVANCE AND DISPUTE SETTLEMENT PROCEDURES
8.1 The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the Employer in respect to any industrial matter and all other matters that the parties agree on.
8.2 In the event of an employee having a grievance or dispute, the employee shall in the first instance attempt to resolve the matter with the immediate supervisor.
8.3 If the grievance or dispute is not resolved, the employee 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. For the purpose of these discussions, the employee may be represented by a fellow employee or a representative of the Union.
8.4 If the grievance or dispute is still unresolved, the matter shall, in the case of a member of the Union be reported to the Union and the company’s Human Resources Manager. An employee not being a member of the Union may report the grievance or dispute to management or the company’s Human Resources Manager. This should occur as soon as it is evident that discussions will not result in resolution of the dispute.
8.5 If, after discussion between the parties, or their nominees mentioned above, the dispute remains unresolved after the parties have genuinely attempted to achieve a settlement thereof, notification of the existence of the dispute may be given pursuant to the Workplace Relations Act 1996. The parties agree to the Australian Industrial Relations Commission settling the matter by conciliation or arbitration.
8.6 Discussions taking place under 8.3 and 8.4 of this procedure should take place within seven days, however this time period may be extended by agreement between the parties. Whilst all of the above procedures are being followed, normal work shall continue and the status quo shall prevail.
8.7 Discussions at any stage of the procedure shall 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 shall be open to any party to give notification of the dispute pursuant to the Workplace Relations Act 1996.
8.8 A fellow employee nominated to represent the employee under these procedures shall be allowed the necessary paid time during working hours to:
8.9 Redundancy disputes
[8.9 inserted by PR949991 ppc 11Aug04]
8.9.1 Paragraphs 8.9.2 and 8.9.3 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.
8.9.2 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:
8.9.3 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 effects of any proposed redundancies on the employees concerned.
