Enterprise Agreement Dispute Resolution Clause

Posted by on Sep 19, 2021 in Uncategorized | 0 comments

A fair and transparent dispute settlement procedure has considerable advantages. The agreement contained a dispute settlement clause that allowed disputes to be referred to the FWA for conciliation; If no solution is found at this stage, the Director of Human Resources and the employee (or the union on his or her behalf) would attempt to resolve the dispute. However, if the dispute has still not been resolved, the agreement allowed the parties to refer the dispute to the FWA for conciliation, but only if both parties agreed. 3. In the first place, the parties to the dispute shall endeavour to settle the dispute at company level through interviews between the worker or staff and the competent superiors and/or management. If the company agreement does not contain a dispute resolution period or if one of them does not meet all the requirements of the Fair Work Act, the Commission may: (6) While the parties attempt to resolve the dispute with the procedures contained in this term, the FW Act generally does not allow workers to stop working while a dispute is settled. 12.3 The Disputes Committee shall meet within five working days of the identification of the case and shall attempt to resolve the case within five working days of its first meeting. Unless otherwise agreed in writing by the parties, the matter shall be deemed unresolved if the Dispute Settlement Commission does not meet within five working days and the procedures provided for in points 12.1 to 12.3 are exhausted. Each decision shall take the form of a written agreement which, where appropriate, shall be ratified by either party.

The time limit must allow workers to be represented in the handling of a dispute in the context of the dispute settlement procedure. Pursuant to section 739 of the Fair Work Act 2009 (FW Act), the Australian Workers` Union (AWU) requested that the FWC be seized of an alleged dispute over the payment of overtime by MC Labour Services Pty Ltd (MC Labour). (b) with respect to national employment standards, with the exception of a dispute as to whether an employer had reasonable business reasons, in accordance with subsection 65(5) of the Fair Work Act 2009; or the FWC has no discretion to deal with such disputes, unless permitted under the Agreement. 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 Board. Note: If the Fair Work Commission settles the dispute, it may also use the powers it has under the law. . .

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