dispute settling procedure
TRANSCRIPT
DISPUTE SETTLING PROCEDURE
The Enterprise Agreement contains a Dispute Avoidance/Settlement Procedures [DSP] clause at G2 to deal with disputes
arising in the workplace
regarding the interpretation or implementation of the terms, conditions and entitlements of the EA
regarding the application of the National Employment Standards of the Fair Work Act [FWA] Generally, these disputes tend to be of either an interpersonal nature ie they involve some aspect of behaviour of a work colleague or supervisor or they involve some aspect of benefits provided for in the EA. It is most important that such disputes are dealt with in a timely fashion or they will grow to disrupt the good working order of relationships in the workplace. All employees conduct themselves interdependently in the daily performance of their duties. This interdependency can be put at serious risk by unresolved disputes. Below is a rough guide on how to raise and work towards resolution of disputes arising in the workplace.
Member takes the dispute to an Executive member of AEU Sub
Branch to discuss and/or seek assistance/advice before or after
first taking up the dispute with a member of the school leadership
team or takes the dispute direct to AEU Sub Branch.
Where possible, the dispute should be framed into a motion for the
Sub Branch to consider, debate & resolve. Include in the motion
an ‘action’ & to whom it should be sent.
AEU member takes the dispute to a
member of the school leadership team &
if unresolved, takes to AEU Sub Branch
Executive member or to AEU Sub
Branch.
Where the dispute involves OHS, the
member or Sub Branch should confer
with the HSR first.
Where the dispute involves workload, the
member or Sub Branch should direct the
issue to the workload committee first.
Be sure you have correctly identified the issue in dispute ie is it interpersonal, management action, bullying, EA benefit, OH&S, ETD or AEU policy, workload, etc.
Where the dispute is not resolved, the Sub Branch should contact
AEU Office for assistance/advice.
A Sub Branch delegation should be formed to take the
dispute/motion to a member of the school leadership team where it
should be explained, discussed & resolved.
AEU Office may take the dispute back to the school workplace or
forward to ETD HR to discuss & resolved.
Where the dispute remains unresolved, AEU Office may campaign
on the dispute, abandon the dispute or take the dispute to the
FWC.
Once the school workplace leadership
team avenues for resolving the dispute
have been exhausted, and the
member/sub branch wishes to persevere
with the dispute, the dispute then ‘leaves’
the school workplace to be handled by
AEU Office and ETD HR.
At any time, the member or the Sub
Branch can contact AEU Office for
assistance/advice on how to proceed
with the dispute.