COLLECTIVE WORKPLACE AGREEMENT 2006–2008, CLAUSE A31
DISPUTE SETTLEMENT
A31.1 [Application] A dispute arising from the interpretation, application or operation of any provision of this Agreement will be dealt with in accordance with this clause. Parties to the dispute will agree to attempt to resolve matters in a cooperative and timely manner.
A31.2 [Scope] This clause does not apply to any matter arising under this Agreement to the extent that there is an appeals or review process specified in the Agreement.
A31.3 [Representation] Throughout this process a staff member(s) may choose to be represented by a person of her/his choice, provided that, for steps taken in accordance with A31.4 – A31.6, the representative is not a practising solicitor or barrister.
A31.4 [Initial Step] In the first instance, the staff member(s), will take the matter up, in writing, with their supervisor, or where appropriate the Cost Centre Head. The supervisor (or Cost Centre Head) will consider the matter jointly with the staff member(s) with a view to resolution. The supervisor (or Cost Centre Head) will advise the staff member(s), in writing, of the action taken with regard to the matter, normally within five (5) working days of it having been raised by the staff member(s).
A31.5 [Second Step] Where a dispute is not resolved under A31.4 above, at the request of either party to the dispute, the Manager, Human Resources, or delegate will, within five (5) working days, unless agreed otherwise, convene a meeting between the parties to the dispute in an attempt to conciliate the matter.
A31.6 The Manager, Human Resources, or delegate will attempt to resolve the matter within five (5) working days of the first meeting between the parties to the dispute. Any resolution will be in the form of a written agreement subject, if necessary, to ratification by either party.
A31.7 Until the procedures described in A31.4 to A31.6 have been exhausted:
A31.7.1 work will continue in the normal manner, except where the matter under dispute relates to a bona-fide safety matter;
A31.7.2 the University will not change work, staffing or the organisation of work which is the subject of the dispute, nor take any other action likely to exacerbate the dispute.
A31.8 [Referral of dispute to Commission] Should the dispute not be resolved by the processes referred to in A31.4 to A31.6, or in exceptional circumstances and if the parties to the dispute so agree during that period, the matter may be referred by either party to the dispute to the Commission for resolution by conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective. The decision of the Commission will bind the parties.
A31.9 [Action pending outcome] If such a referral is made under A31.8, notwithstanding the provisions of A31.7, work will continue in accordance with the reasonable direction of the University provided that neither party to the dispute shall be prejudiced in the resolution of the dispute. |
