Part A - Preliminaries

13. Dispute Resolution Procedure

13.1 It is agreed that the University and all of its staff have an interest in the proper application of this Agreement, and in minimising disputes about the proper application of the Agreement. For the purpose of preventing and settling disputes about the application of this Agreement, the following procedures have been agreed. These procedures shall not limit the rights of any staff member to first pursue any grievance or dispute through the Grievance Procedures set out in clause 53.

13.2 Where any dispute arises the staff member affected and his/her supervisor should discuss the dispute in an attempt to resolve the dispute. The staff member may choose to be accompanied by a Representative of his or her choice.

13.3 The staff member, or where the staff member chooses, a Representative of the staff member, or the supervisor may refer the dispute to the Divisional Director of Human Resources to assist in the process of resolution but if the dispute is not resolved within 10 days of referral to the Divisional Director of Human Resources it may be referred by a party to the dispute to the Disputes Committee for resolution, in accordance with 13.4 .

13.4 The Disputes Committee will meet within 5 working days of being notified of a dispute, unless otherwise agreed by the Disputes Committee. The Disputes Committee shall, unless otherwise agreed by the parties to the dispute, consist of:

1. two management nominees; and
2. two nominees of the chairperson of MUSIC from a pool of elected staff members of the University .

13.5 The Disputes Committee shall attempt to resolve the matter within 5 working days 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. Any staff member involved in a dispute under clause 13.2 or 13.3 will be entitled to put his/her position to the meeting of the Disputes Committee and will be advised of the outcome of the meeting's deliberations. The staff member may choose to be accompanied by a Representative of his/her choice.

13.6 Until the procedures described above have been exhausted:

1. work shall continue in the normal manner; and
2. no industrial action shall be taken by any party to the dispute or any other party bound by this Agreement; and
3. 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
4. the subject matter of the dispute shall not be taken to the Australian Industrial Relations Commission by any party to the dispute.

13.7 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.

13.8 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.

13.9 Nothing in this clause prevents the parties to the dispute from agreeing to refer an unresolved dispute to a person or body other than the Australian Industrial Relations Commission for resolution in which case the parties agree to be bound by any recommendation to resolve the dispute made by the agreed person or body.