| 11.1 |
Where any dispute arises as to the application of this Agreement: |
| 11.1.1 |
In the first instance, the Trade and Services Staff member and his/her supervisor shall discuss the dispute in an attempt to resolve the dispute. The Trades and Services Staff member may choose to be accompanied by a Representative of his or her choice. |
| 11.1.2 |
Where a dispute remains unresolved, at the request of either party to the dispute, a Disputes Committee shall be convened within one working week unless agreed otherwise by the Disputes Committee. The Disputes Committee shall consist of: |
|
| a) |
two management nominees; and |
| b) |
two nominees of the Chairperson of the JCC drawn from a pool of elected staff members in accordance with clause 10. |
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All nominees will be selected in a timely fashion. |
| 11.1.3 |
The Disputes Committee shall attempt to resolve the matter within one working week of its first meeting. Any resolution shall be in the form of a written Agreement subject, if necessary, to ratification by the parties to the dispute. |
| 11.2 |
Until the procedures described above have been exhausted: |
|
| a) |
work shall continue in the normal manner; |
| b) |
no industrial action shall be taken by any party to the dispute or any other party bound by this Agreement; |
| c) |
management shall not change work, staffing or the organisation of work if such is the subject of the dispute, nor take any other action likely to exacerbate the dispute; and |
| d) |
the subject matter of the dispute shall not be taken to the Australian Industrial Relations Commission by any party to the dispute. |
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| 11.3 |
Should the dispute not be resolved by the processes referred to above the matter may be referred to the Australian Industrial Relations Commission for conciliation or arbitration by either party to the dispute in which case the parties to the dispute shall be bound by any recommendation or decision of the Commission. |
| 11.4 |
It is acknowledged that if the dispute relates to an alleged ambiguity or uncertainty in this Agreement any party to the dispute may at any time apply for variation of the Agreement to eliminate the alleged uncertainty or ambiguity or the Australian Industrial Relations Commission may act of its own motion to take steps to vary the Agreement. |
