Dispute settling procedures
50. DISPUTE SETTLING PROCEDURES
50.1 It is agreed that the University, the Union and all Staff have an interest in the proper application of this Agreement, and in minimising and settling any disputes in a timely manner.
50.2 In the event of a dispute relating to this Agreement, the National Employment Standards or matters relating to a written policy of the University regarding employment, the Staff Member or the NTEU will raise the dispute with the University and attempt to resolve the matter in accordance with this clause. However, no University policy or part of a University policy will constitute a term of this Agreement. If a dispute relates to a request for flexible work as set out under subclauses 19.1-19.4, the procedures of this clause will apply up to FWC Conciliation stage.
50.3 Where a dispute involves a Staff Member, the Staff Member will discuss the matter with their relevant Supervisor or where appropriate, a Staff Member who is more senior than the Staff Member’s Supervisor and attempt to resolve the dispute within the workplace. A Staff Member may choose, at any stage, to be represented by their Union, or an organisation, association or person of their choice in relation to the dispute.
50.4 Where a dispute is not resolved under subclause 50.3, at the written request of a party to the dispute, a Disputes Committee will be convened within 5 working days of receipt of the request, unless agreed otherwise. The Disputes Committee will consist of equal numbers of nominees of the parties to the dispute (e.g. 2 University and 2 NTEU nominees; or the Staff Member and their representative and 2 University nominees; or the Staff Member’s representative and 1 University nominee etc).
50.5 The Disputes Committee will meet and attempt to resolve the dispute within 5 working days of the Disputes Committee being convened. Any resolution will be in the form of a written agreement subject, if necessary, to ratification by a party to the dispute.
50.6 If a dispute under this provision is unable to be resolved at the workplace, the parties to the dispute may agree to refer the dispute for mediation to a person or body other than the Fair Work Commission (FWC).
50.7 Where the matter in dispute remains unresolved, and the steps in subclauses 50.2 – 50.6, where appropriate, have been taken, a party to the dispute may refer the dispute to the FWC for conciliation (FWC Conciliation). If the matter cannot be resolved through conciliation, either party to the dispute may elect to have the FWC arbitrate the matter (FWC Arbitration).
50.8 If an application for arbitration is made, the FWC may exercise any of its powers under the Fair Work Act. A direction or decision of the FWC will be implemented by the parties, subject to either party exercising a right of appeal against the decision of the FWC to the Full Bench of the FWC.
50.9 Until the steps in subclauses 50.2 – 50.5 have been concluded:
(a) work will continue in the normal manner;
(b) no industrial action will be taken by a party to the dispute in respect of the matter that is the subject of the dispute; and
(c) the University will not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute.
50.10 Decisions in accordance with this Agreement to terminate employment will not be subject to further review or dispute.