37. Procedures for Disputes Avoidance and Settlement

37.1 The objectives of these procedures are the avoidance and resolution of any dispute over matters covered by this Agreement.  The avoidance and resolution of the dispute will be carried out by measures based on the provision of information, explanation, consultation, cooperation and negotiation.

37.2 While these dispute procedures are being followed, normal work will continue, except in the case of a genuine safety issue.  The status quo existing before the emergence of a dispute will continue while these procedures are being followed.  Where practicable, these dispute procedures will be completed within 21 days. No party to the dispute will be prejudiced as to the final settlement by the continuation of work.

37.3 For the purposes of these procedures, the employee may, where they choose to, be represented by a nominated representative. This request must be made, in writing, to the Group Manager.

37.4 If there is a disagreement as to the interpretation or implementation of this Agreement, the following procedures will apply:

37.4.1 The matter is to be raised and discussed by a party to this agreement with the immediate supervisor or the relevant senior manager (where appropriate) in the first instance without delay, in a effort to resolve the matter promptly.  Where the matter is raised by an employee, they may, where they choose to, be represented by a nominated representative. This discussion should commence within 24 hours and this process should not extend beyond seven days.

37.4.2 If the matter is not resolved as in Subclause 37.4.1, it will be referred to the Group Manager.  The Group Manager will arrange a conference of the parties to the dispute to discuss the matter without delay, in a effort to resolve the matter promptly.  This process should not extend beyond a further seven days.

37.4.3 If the matter remains unresolved, it may be referred by any of the parties to the dispute, to the AIRC.

37.5 The AIRC is empowered by this Agreement to settle and determine any dispute over matters covered in this Agreement.  The parties to the dispute will be bound by the determination of the AIRC.

37.6 Where the Commission determines that it has jurisdiction to arbitrate, the Commission may resolve the dispute by the process of conciliation and/or arbitration. The parties to the dispute agree to be bound by the Commission's resolution for the dispute.

37.7 Where the Commission determines that it does not have jurisdiction to arbitrate, the parties to the dispute agree to consider all recommendations made by the Commission during conciliation, to resolve the dispute.