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  • Section G – Dispute settlement procedures

    DISPUTE SETTLEMENT PROCEDURES

    100. Dispute settlement procedures

    100.1

    If a dispute relates to:

     

     

    a) a matter arising under this Agreement; or

    b) the National Employment Standards,

     

    this clause sets out procedures to settle the dispute.

    100.2

    An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this clause.

    100.3

    In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant managers and/or management.

    100.4

    If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission (FWC).

    100.5

    The FWC may deal with the dispute in two stages:

     

     

    a) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and

    b) if the FWC is unable to resolve the dispute at the first stage, the FWC may then:

     

     

     

    i. arbitrate the dispute; and

    ii. make a determination that is binding on the parties.

     

    Note: If the FWC arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act. A decision that the FWC makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Fair Work Act. Therefore, an appeal may be made against the decision.

    100.6

    While the parties are trying to resolve the dispute using the procedures in this clause:

     

     

    a) an employee must continue to perform their work as they would normally unless they have a reasonable concern about an imminent risk to their health or safety; and

    b) an employee must comply with a direction given by the delegate to perform other available work at the same workplace, or at another workplace, unless:

     

     

     

    i. the work is not safe; or

    ii. applicable occupational health and safety legislation would not permit the work to be performed; or

    iii. the work is not appropriate for the employee to perform; or

    iv. there are other reasonable grounds for the employee to refuse to comply with the direction.

    100.7

    The parties to the dispute agree to be bound by a decision made by the FWC in accordance with this clause.

      Last modified: 07 Aug 2017QC 53036