Grievances and disputes
Review of actions and dispute resolution
The Enterprise Agreement (EA) includes new procedures (in clauses 316-320 of the EA) for staff to seek a review of actions (or failures to act) that affect their employment. These procedures replace the existing ‘grievance’ procedures, but retain the same basic principles, namely that staff should first discuss matters with their supervisor (or where appropriate, with their supervisor’s supervisor), and may ask the Delegated Officer (Staffing) to review the matter if it is not resolved locally.
In addition to the above “review of action” process, there is a dispute resolution procedure for dealing with matters arising under the EA or in respect of the National Employment Standards (i.e. the new mininmum safety net conditions specified in the Fair Work Act 2009). The procedure is set out in clauses 322 to 325 of the EA. In summary, it provides for staff (or their Union representative) to first discuss matters with the relevant supervisor (or where appropriate, with the supervisor’s supervisor), with scope for unresolved matters to be referred to more senior levels of management, and ultimately to Fair Work Australia for conciliation and/or arbitration.