Conditions applying in common to all trades and services staff

This Part shall apply in common to all trades and services staff except where otherwise expressly provided.

Section 1 - Communication, Consultation and Dispute Resolution

11. Dispute Settling Procedures

11.1 Where any dispute arises as to the application of this Agreement:

11.1.1 In the first instance, an accredited representative( s) of the union(s) and the appropriate representative(s) of management shall discuss the dispute and attempt to reach agreement within 2 weeks of the dispute first being raised.

11.1.2 Where a dispute is not resolved under clause 11.1.1 above, at the requ est of either party, a Disputes Committee shall be convened within one working week unless agreed otherwise. The Disputes Committee shall consist of:

• two management nominees; and
• two union nominees.

11.1.3 The Committee shall convene within one week of the matter being referred to it and 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 either party.

11.2 Industrial acti on

Until the procedures described in clause 11.1 above have been exhausted:

1. work shall continue in the normal manner;
2. no industrial action shall be taken by management or the union(s);
3. management shall not change work, staffing or the organ isation 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 the union(s) or management.

11.3 Should the dispute not be resolved by the processes referred to in clause 11.1 above the matter may be referred to the Australian Industrial Relations Commission for conciliation or arbitration by either party in which case the parties shall be boun d 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 may at any time apply for variation of the Agreement to eliminate the alleged unc ertainty or ambiguity or the Commission may act of its own motion to take steps to vary the Agreement.