PART 14 - DISPUTE RESOLUTION PROCEDURES |
| 530 | Where a dispute arises over the application of any provision contained in this Agreement or the National Employment Standards the following procedures will apply. |
| 531 | A dispute must affect a University employee or group of University employees and, in the first instance, may be raised by an employee, an official of the relevant union or the University. |
| 532 | In all cases, the parties to the dispute will attempt to resolve the matter at the workplace. |
| 533 | The employee, and/or their representative, who may be an employee of the University or an official of the relevant union, will meet with appropriate representative(s) of management to discuss the dispute and attempt to reach written agreement, subject to ratification by each party to the dispute. |
| 534 | Where a dispute is not resolved under clause 533, at the request of either party to the dispute a Disputes Committee will be convened within one working week, unless agreed otherwise and will attempt to resolve the dispute within one working week of its meeting. Any resolution will be in the form of a written agreement. |
| 535 | The Committee will be advisory to the Vice Chancellor and will consist of five members, chosen as follows:| a) | a Chairperson appointed by the Vice Chancellor from the list of Chairpersons agreed between the University and Unions. | | b) | two nominees of the relevant union, or where the employee chooses, two independent members of staff; and | | c) | two staff members of the University chosen by the Vice Chancellor. |
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| 536 | The committee will not include any person involved in the management of the case for the University or a person involved in providing advocacy or support for the employee. |
| 537 | Any employee who is a party to the dispute will have the right to appear before the Disputes Committee and, at their request, to have an employee representative who may be an employee of the University or an official of the relevant Union. |
| 538 | Should the dispute not be resolved to the satisfaction of the parties by the processes referred to in clauses 533-537, the matter may be referred, by either party to the dispute, to Fair Work Australia (FWA). The FWA may settle the dispute by mediation and/or conciliation and, where the matter in dispute remains unresolved, arbitration. |
| 539 | A decision of FWA will bind the parties to the dispute, subject to either party exercising any right of appeal against an FWA decision to the Full Bench of FWA. |
| 540 | Until the procedures described in the above subclauses have been completed, work will continue in the normal manner, no industrial action will be taken by the parties to this Agreement, and parties to this Agreement will not change work, staffing or the organisation of work if such is the subject of the dispute, or take any other action likely to exacerbate the dispute. |
| GRIEVANCES |
| 541 | Employees may notify a grievance against a staff member, or in relation to a perceived unfair decision or treatment affecting their employment, or for harassment, bullying or discrimination in accordance with policy. |
| 542 | Employees have the right to have their complaint dealt with fairly, constructively, expeditiously, confidentially and through the application of the principles of procedural fairness without reprisal. To assist in reaching a mutually agreeable solution, parties to the grievance will be provided with all relevant information and will have the right to be heard. |
| 543 | Employees may seek assistance from, and may be accompanied by, an employee representative at any stage of the process. |
| 544 | As far as possible grievances should be resolved informally at the level at which they arise or as close to the source as possible. |
| 545 | Information and training on grievance procedures and grievance handling will be provided to University employees. |
