RMIT University Academic and Professional Staff Enterprise Agreement 2014


22. Dispute settling procedure

22.1

It is agreed that all employees, the NTEU and the University have an interest in the proper application of this Agreement and in the timely resolution of industrial disputes. Where any dispute arises under, or as to the operation or application of this Agreement or in relation to the National Employment Standards the following procedure will apply.

22.2

In the first instance an employee and/or their Chosen Representative, who may be the NTEU, shall discuss the dispute with the relevant supervisor and/or an appropriate representative of the University and attempt to reach an agreed resolution.

22.3

If not settled at this stage, then the matter may be discussed further between the employee’s Chosen Representative who may be the NTEU and an appropriate representative of the University.

22.4

Should the dispute not be resolved by the processes referred to above or if either party fails to engage in the processes referred to above or if the matter is urgent in character, then the dispute may, at the election of either party be referred to the Fair Work Commission for resolution.

22.5

Fair Work Commission may resolve the dispute by the processes of conciliation and/or arbitration. Subject to the right of any party to appeal a decision, the parties agree to be bound by and implement any order, decision or other form of settlement of the Fair Work Commission.

22.6

Where the above procedures are being followed, parties to the dispute will not take any action to exacerbate the dispute and work will continue normally. No party will be prejudiced as to final settlement by the continuance of work in accordance with this clause.

22.7

Any dispute pursuant to clause 16.6 of this Agreement shall be dealt with in accordance with that clause, and may be taken to the Fair Work Commission for resolution without compliance with the balance of this clause.

22.8

Any dispute relating to a bona fide safety issue may be dealt with in accordance with relevant health and safety legislation without compliance with the balance of this clause.

22.9

Any dispute formally commenced and being dealt with under clause 16.3 or 16.4 of the Royal Melbourne Institute of Technology Academic and Professional Staff Union Collective Agreement 2010, (2010 Agreement) or lodged with the Fair Work Commission but not concluded at the time at which this Agreement comes into operation shall continue to be dealt with in accordance with the relevant provisions that applied under the 2010 Agreement, including the dispute settling procedure of that Agreement. For the purposes of this sub-clause the relevant provisions of the 2010 Agreement are deemed to be provisions of this Agreement.

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