The Varied Australian National University Enterprise Agreement 2005 – 2008

Part Seven – Staff Relations

49. Dispute Settling Procedures

49.1 General principles to apply

49.1.1 The purpose of this clause is to avoid and resolve industrial disputes through sharing information, explanation, consultation, cooperation and negotiation. Where a dispute arises out of or in connection with this Agreement, the following procedures will be followed in an attempt to settle the matter in dispute. In the first instance an attempt should be made to resolve the dispute at the local level or where appropriate, utilising the grievance process in clause 48.

49.1.2 Without prejudice, until the procedures of this clause have been exhausted, work will continue as normal and no industrial action will be taken. The University will not take action likely to exacerbate the dispute by changing work, staffing and/or the organisation of work if subject to the dispute.

49.1.3 Where a genuine safety issue arises, the University will not require staff to work in an unsafe environment. Staff will accept reassignments, suitable alternative work and relocation until their normal workplace has been declared safe.

49.2 Internal dispute settling procedure

49.2.1 The staff member(s), or their representative, will notify the Director, Human Resources, in writing, of the matter in dispute in relation to the application of this Agreement. 

49.2.2 The Director, Human Resources will nominate a conciliation officer within 5 working days of receiving written notice of the dispute. At the request of the staff member(s), or their representative, the USCC-SC Chair may also nominate a conciliation officer.  If an objection is raised concerning a conciliation officer it will be resolved between the Director, Human Resources and the USCC-SC Chair.

49.2.3 The conciliation officers will seek to resolve the matter as expeditiously as possible, and will report their findings and recommendations within 10 working days. Where circumstances do not permit this, a report will be submitted outlining the reasons and the proposed timeframe.

49.2.4 If the matter is not resolved, the Director, Human Resources will arrange a conference with the relevant parties to the dispute, and/or, if requested, their representatives.  Assistance may be obtained from an independent person or persons to attempt to resolve the matter.

49.3 Further action

49.3.1 Where the dispute has not been resolved through the internal dispute settlement procedure, or if a party to the dispute refuses to engage in that procedure, the dispute may be referred to the Australian Industrial Relations Commission (the Commission) by a party to the Agreement.

49.3.2 Where the unresolved dispute is referred to the Commission, or where the parties to the dispute agree, to a person or body other than the Commission, the parties to the dispute agree to be bound by any recommendation made by the Commission, that person or that body attempting to resolve the dispute.

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