AT828612 - Transport Workers’ (Virgin Tech) Award 2003 [Transitional]
14. PROCEDURES FOR THE SETTLEMENT OF INDUSTRIAL DISPUTES
14.1 Matters not relating to Part 2A of Division 1 of the Air Navigation Act 1920.
In the event of a dispute arising in the workplace which is not related to Part 2A of Division 1 of the Air Navigation Act 1920 (see 14.7) or issues relating to performance (see 14.8) the procedure to resolve the matter will be as follows:
14.1.1 The employee and his/her supervisor meeting and conferring on the matter.
14.1.2 If the matter is not resolved at this meeting, the parties must arrange for further discussion between the union delegate or the employee’s nominated representative and more senior levels of management.
14.1.3 Where a union delegate is involved they will be allowed the necessary time during working hours to interview the employee(s) and the supervisor.
14.2 If the matter is still not resolved, the matter must be discussed as follows:
14.2.1 Between the representative of Virgin Tech and the Branch Secretary of the union or other representative nominated by the employee;
14.2.2 If the matter is not resolved it must be discussed between the representative of Virgin Tech and a representative of the federal body of the union (if appropriate);
14.2.3 With respect to 14.2.1 and 14.2.2, the union delegate will be allowed at a place designated by Virgin Tech, a reasonable period of time during working hours to interview the duly accredited union official(s) of the union. If Virgin Tech requires the union delegate to attend the workplace during their rostered day off or after their normal shift for the purpose of assisting in resolving a dispute they will be paid for such time at ordinary time rates of pay.
14.3 If the matter cannot be resolved it must be referred to the Commission whose decision, subject to any right of appeal by the parties, will be final.
14.4 Until the matter is determined, work will continue as instructed by Virgin Tech. No party will be prejudiced as to the final settlement by the continuance of work in accordance with this clause.
14.5 Where a bona fide safety issue is involved, Virgin Tech and the appropriate safety authority must be notified concurrently or at least a bona fide attempt made to notify that authority.
14.6 A union delegate referred to in this clause, will be entitled to and Virgin Tech will grant up to five days leave with pay each year non-cumulative to attend courses approved by the TWU or Trade Union Training Australia Inc. which are specifically directed towards effective dispute resolution.
14.6.1 The employee taking such leave will be paid all ordinary time earnings, which normally become due and payable during the period of leave. Ordinary time earnings will be defined as the relevant award classification rate including any shift work loadings where relevant.
14.6.2 Leave of absence granted pursuant to 14.6 will count as service for all purposes of this award.
14.7 Redundancy disputes
[new 14.7 inserted by PR950370 ppc 03Aug04]
14.7.1 Paragraphs 14.7.2 and 14.7.3 impose additional obligations on Virgin Tech where Virgin Tech 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.
14.7.2 Where a redundancy dispute arises, and if it has not already done so, Virgin Tech must provide affected employees and the relevant union or unions (if requested by any affected employee) in good time, with relevant information including:
14.7.3 Where a redundancy dispute arises and discussions occur in accordance with this clause Virgin Tech 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.
14.8 Matters relating to Part 2A of Division 1 the Air Navigation Act 1920
[14.7 renumbered as 14.8 by PR950370 ppc 03Aug04]
14.8.1 In the event of accident or incident as defined in clause 4 - Definitions and Interpretation, persons involved are to make a statement without prejudice, as soon as practicable. Such statement should be made in the presence of a friend or other representative who will witness the giving of this statement.
14.8.2 After receiving the statement, Virgin Tech is entitled to stand the person down, with pay, whilst the report, in total, is considered.
14.8.3 Should Virgin Tech be satisfied with the report and no further action is required, the person so cleared will be advised to resume normal work.
14.8.4 Where it is proposed to further interview an employee in connection with the employee’s alleged involvement in an accident or incident which may lead to further action against the employee, the employee will be informed by the responsible manager of Virgin Tech:
14.8.4(a) of the purpose of the interview;
14.8.4(b) of the charge against him/her and outline of reasons therefore;
14.8.4(c) that the employee has the right to be accompanied and represented by an accredited representative of the union of which the employee is a member, or where requested another employee representative; and
14.8.4(d) the employee may request reasonable time (not more than 24 hours) to become familiar with any relevant matters.
14.8.5 If the employee elects to be accompanied and/or represented by such accredited representative, the employee may request that the requirements in 14.7.4(a) to 14.8.4(d) and also in 14.8.6, will be repeated in the presence of such accredited representative.
14.8.6 If following the interview, Virgin Tech proposes to dismiss, suspend without pay, or remove the employee from a supervisory position, the employee will be informed in person and in writing.
14.8.7 In the event that an employee is dissatisfied with the decision, the matter may be referred to the Commission.
14.8.8 Subject to any appeal rights of the parties, the decision of the Commission in relation to the matters raised under this clause will be final and binding.
