AP830245CRV – Postal Services Industry Award 2003
[10 substituted by PR949339 ppc 07Jul04]
10.1 In the event of a dispute arising in a workplace covered by this award, the following procedure will apply:
10.1.1 The employee(s) concerned will first meet and confer with their immediate supervisor. The employee(s) may appoint another person to act on their behalf including a shop steward or delegate of their union.
10.1.2 Subject to 10.2 and 10.3 where the shop steward or delegate is involved they will be allowed reasonable time during working hours to interview the employee(s) and the supervisor.
10.1.3 If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee may invite a union official to be involved in the discussions. The employer may also invite into discussions an officer of the employer organisation to which the employer belongs.
10.1.4 The shop steward or delegate shall be allowed, at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited union officials of the union to which they belong. The time of an interview shall be at a time to minimise disruption in the workplace.
10.1.5 If the matter remains unresolved, the dispute may then be referred to the Commission for settlement by conciliation and/or arbitration.
10.2 In order to facilitate the procedure in this clause:
10.2.1 The party with the grievance must notify the other party at the earliest opportunity of the problem.
10.2.2 Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.
10.2.3 However, the parties must co-operate to ensure that the disputes resolution procedures are carried out as quickly as possible.
10.3 While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern about an imminent risk to their health and safety. Subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to their health or safety, the employee must not unreasonably fail to comply with a direction by the employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform
10.4 Redundancy Disputes Procedure
10.4.1 Paragraphs 10.4.2 and 10.4.3 impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.
10.4.2 Where a redundancy dispute arises, and it has not already done so, an employer must provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information including:
10.4.2(a) the reasons for any proposed redundancy
10.4.2(b) the number and categories of workers likely to be affected; and
10.4.2(c) the period over which any proposed redundancies are intended to be carried out.
10.4.3 Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimize any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned
