1.12 Dispute Settlement Procedure

1.12 DISPUTE SETTLEMENT PROCEDURE

1.12.1 General Principles

1.12.1.1 Where any dispute arises about the application of this Agreement and/or the National Employment Standards (NES), the following dispute settlement procedure applies.

1.12.1.2 During the procedures outlined from 1.12.1.9 to 1.12.1.12 that detail internal dispute resolution, a staff member may choose to be represented by a Union or by a person of their choice, provided that person is not a practising solicitor or barrister. 

1.12.1.3 The following parties who are covered by this Agreement are entitled to notify and participate in the resolution of a dispute, namely:

(i) An eligible staff member employed by the University and/or their staff representative; and

(ii) The University; and

(iii) The Community and Public Sector Union (CPSU NSW); and

(iv) The National Tertiary Education Union (NTEU).

1.12.1.4 If there is no agreement that an issue raised under this section constitutes a dispute about the application of, or matters arising under, this Agreement or the NES, the dispute may be referred to the Fair Work Commission for a determination as to whether the dispute should be dealt with pursuant to these procedures.

1.12.1.5 The initiating party of the dispute must notify the other parties in sufficient detail about the issue/s in dispute, and the notification must specify at least one relevant proposal about how the dispute could be resolved.

1.12.1.6 Where the University is to be notified, the notification is to be lodged with the Office of the Director Human Resources (with a copy to the relevant supervisor as appropriate). Where either the NTEU and/or CPSU NSW is/are to be notified, the notification is to be lodged with the respective Union Office. 

1.12.1.7 Where either the University or one or both Unions notify a dispute against a staff member, the notification is to be lodged directly with the staff member, with notification to the other parties to the Agreement.

1.12.1.8 Except where a workplace hazard exists, until the procedures described in sub-clauses 1.12.1.9 to 1.12.1.15 (as applicable) have been finalised:

(i) the procedures will be advanced as promptly as feasible;

(ii) work shall continue in the normal manner, that is the University shall not change the work, staffing or the organisation of work if such is the subject of the dispute, or take any other action likely to exacerbate the dispute;

(iii) no industrial action shall be taken by the University or the staff; and,

(iv) the subject matter of the dispute shall not be taken to the Fair Work Commission by the staff member(s) or a person representing the staff member(s) or by the University.

1.12.1.9 Following the notification of the dispute, in line with 1.12.1.6, the relevant parties will confer as soon as is reasonably practicable (normally within five (5) working days) in an attempt to resolve the dispute.

1.12.1.10 If the dispute is not resolved under 1.12.1.9 above, within five (5) working days of a request from one of the parties to the dispute, a discussion (or discussions) shall be held between more senior representatives of the disputants than were involved in 1.12.1.9, (provided that a staff member may continue to represent themselves). In such circumstances, the other parties covered by this Agreement (other than staff members) shall be advised of the issue in dispute and the discussion(s).

1.12.1.11 The parties to the dispute will ensure that the more senior representatives have sufficient authority to reach an agreement and the representatives will attempt to resolve the dispute.

1.12.1.12 Any agreement reached under the provisions above shall be recorded in writing and implemented.

1.12.1.13 Should the dispute not be resolved under the provisions above, a party to the dispute may refer the matter to the Fair Work Commission for conciliation and/or arbitration. If no party refers the matter to the Fair Work Commission within twenty (20) working days following the discussion(s) at 1.12.1.10, the matter will be deemed to be discontinued.

1.12.1.14 In addition to any procedural requirements under the Fair Work Act, the party notifying the dispute to the Fair Work Commission will advise the Union/s and the University (in circumstances where the University is not a party to the dispute) of the referral. The right of appearance in any proceedings in the Fair Work Commission which arise from the operation of this dispute settlement procedure is subject to the determination of the Fair Work Commission.

1.12.1.15 The decision of the Fair Work Commission will be binding and all parties will implement the outcome.

1.12.1.16 A dispute which has been formally notified under the dispute settlement provisions (sub-clause 1.12) of the Australian Catholic University Staff Enterprise Agreement 2013-2017, but which has not concluded at the time at which this Agreement commences will continue to be dealt with in accordance with the relevant provisions that applied under that Agreement.