DISPUTE RESOLUTION PROCEDURE
It is important to YOUR that we have in place a process to enable employees to raise and resolve any issues of concern to them. Therefore, the employee agrees to comply with the following dispute resolution procedure. The employee agrees that they will seek to have issues addressed through this process, unless required by law to do otherwise.
The parties to this Agreement shall observe the following Industrial Dispute Resolution procedure: The mechanism and procedures for resolving disputes will include, but not be limited to, the following:
Any question or dispute arising in relation to these terms and conditions or any other aspect of the employee’s Casual or Fixed Term employment with YOUR, including issues relevant to a particular assignment or client shall, in the first instance, be raised with the employee’s YOUR representative.
The YOUR representative will provide a response to the employee within seven (7) calendar days or such other timeframe as agreed between the employee and the representative.
Where the employee is dissatisfied with the response or the response is not received within the set timeframe (or agreed timeframe), the employee may progress to stage 2 of the process.
In the event that a matter remains unresolved following Stage 1, the employee may refer the matter to the Manager of the office, which issued the most recent notice.
The manager will respond to the employee within seven (7) calendar days or such other timeframe as is agreed between the employee and the Manager.
Where the employee is dissatisfied with the response from the Manager, or the response is not received within the set timeframe (or agreed timeframe), the employee may progress to Stage 3 of this process.
In the event that a matter remains unresolved following Stage 2, the employee may request that the matter be referred to an independent arbitrator for determination.
To facilitate Stage 3 of the process YOUR will identify, three (3) potential independent arbitrators and the employee will be given an opportunity to select from that group.
YOUR and the employee agree to be bound by the decision of the independent arbitrator.
The decision of the independent arbitrator will be reduced to writing and will form the basis of a full and final settlement of all the issues raised with the Arbitrator.
Except in situations where there is a perceived immediate and significant threat to employee health and safety, work will continue and consideration of the needs of the business will remain a priority.
Continuity of Operation
The employee will continue, at all times, to work in a manner commensurate with your position and as directed by your team leader or other authorised officer of the company, without bans, limitations or stoppages.
Any ban, limitation or stoppage (other than for genuine safety reasons or otherwise authorised by law) will be grounds for disciplinary action and this may result in termination of your employment.
PRIVACY DECLARATION AND CONSENT
The information you and your nominated referees provide to YOUR will be stored on a secure database within YOUR. This information is not accessible by anyone outside of YOUR.
The information will be used to determine your suitability for employment with YOUR. Where it is deemed that you may be a suitable candidate for a position, your details may be provided to the host employer.
It is standard practice that following an engagement with a host employer, a referee report will be obtained from the host employer. This information will also be stored in the database.
You may request to view the information held in relation to you at any time.
Where you are able to demonstrate that information held on the database, you must advise YOUR of this.
Failure to provide the information requested may limit YOUR’s ability to find adequate opportunities for you with host employers.