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PART 2 – GENERAL CONDITIONS OF SERVICE

 

 

10.    GRIEVANCE PROCEDURES

10.1    Dispute Settling Procedure

Where there is a dispute between an Employee (or Employees) and the  Employer about the application or interpretation of, this Agreement (the matter in dispute), the following procedure will apply.

STEP 1
Every attempt shall be made to resolve a grievance, in the first instance, by discussions between the individual(s) directly involved at the workplace and the Employer.   This does not preclude the right of either party to seek advice from outside the workplace, nor does it necessitate such an approach where this is impracticable.

STEP 2
When a grievance is not resolved by Step 1, the Employee or the Employer may each seek the assistance of a representative in order that a further attempt can be made to resolve the matter. The employee representative may include a union official or union delegate

STEP 3
In the event that Steps 1 and 2 fail to resolve the matter, it may be referred by either party to the Commission for its assistance in resolving the matter by conciliation. The matter should not be referred by either party to the Commission prior to the completion of Steps 1 and 2.

Until the grievance is determined, work shall continue normally in accordance with the custom or practice existing before the grievance arose, while discussions take place.

No party shall be prejudiced as to the final settlement by the continuance of work. Health and safety matters are exempted from this sub clause.

10.2    Where the matter is not resolved by conciliation,  either party may request that the Commission arbitrate the matter in dispute. Any such arbitration shall be subject to and in accordance with this clause.

10.3     In arbitrating the dispute the Commission may only:

10.3.1    give directions about the process to be followed within the school to resolve the matter in dispute; and/or

10.3.2    determine the matter in dispute consistent with the limits or standards set by the relevant provisions of this Agreement.

 

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