Terms about disputes relating to matters arising under Division 2B State awards
3A.02 Terms about disputes relating to matters arising under Division 2B State awards
For subitem 7(2) of Schedule 3A to the Act, the following model term is prescribed:
In the event of a dispute about a matter under this award, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
If a dispute about a matter arising under this award is unable to be resolved at the workplace, and all appropriate steps under clause (1) have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Fair Work Act 2009. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
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