AT812785CNV - Transport Workers’ (Refuse, Recycling and Waste Management) Award 2001 [Transitional]
11.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:
11.1.1 the employee and the supervisor meeting and conferring on the matter; and
11.1.2 if the matter is not resolved at such meeting, the parties shall arrange for further discussions between the employee and his or her nominated representative, if any, and more senior levels of management.
11.1.3 If the matter is still not resolved a discussion shall be held between representatives of the employer and the union or other employee representative. The union representative may include a union delegate.
11.1.4 If the matter cannot be resolved it may be referred to the Commission.
11.1.5 While the parties attempt to resolve the matter work will continue as directed by the employer unless an employee has a reasonable concern about an imminent risk to his or her health and safety.
11.2 Redundancy disputes
[11.2 substituted by PR950073 ppc 01Aug04]
11.2.1 Paragraphs 11.2.2 and 11.2.3 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.
11.2.2 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:
11.2.3 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.
[11.2 renumbered as 11.3 by PR950073 ppc 01Aug04]
11.3 The union delegate and/or employee representative shall be allowed the necessary paid time during working hours to attend to all matters affecting employees covered by this award in the depot or yard.
[11.3 renumbered as 11.4 by PR950073 ppc 01Aug04]
11.3.1 A Union Delegate referred to in this clause will be entitled to and be granted leave with pay each calendar year, non-cumulative, to attend courses which are specifically directed towards effective resolution of disputes and/or issues which arise at the workplace.
11.3.3 Leave shall be available according to the following scale for each yard, depot or garage of an employer:
No. of weekly employees covered by this award |
Max. No. Of employees eligible to attend per year |
Max. No. Of days permitted per year |
5 - 15 |
1 |
5 |
16 - 30 |
2 |
10 |
31 - 50 |
3 |
15 |
51 - 100 |
4 |
20 |
101 and over |
5 |
25 |
11.3.4 The time of taking such leave shall be arranged so as to minimise any adverse effect on the employer’s operations. An employer shall not use this sub-clause to avoid its obligation under this clause.
11.3.5 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 nineteen day month work cycle or with any other concessional leave.
11.3.6 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 overaward payment where applicable.
11.3.7 An employee shall not be eligible to attend such courses until six months continuous service has been served with the employer.
11.3.8 Leave of absence on training leave shall be counted as service.
11.3.9 The employee shall provide the employer with proof of attendance.
11.3.10 Any dispute in respect of leave provided by this clause shall be resolved in accordance with this clause. The settlement of disputes procedure must be activated by the employer within fourteen days of the receipt of the written application for leave or the leave shall be granted. Where an application is rejected and the Union wishes to have the matter dealt with in accordance with this clause, the parties must be notified within fourteen days of the rejection or the application for leave will lapse.
