Part 9 - Dispute Prevention and Resolution

9.1 Dispute Resolution Procedures

1. If a dispute relates to a matter under this agreement, or the National Employment Standards, the parties to the dispute must first attempt to resolve the matter at the workplace level by discussions between the employee or employees concerned and the relevant manager.
2. If a resolution to the dispute has not been achieved after discussions have been held in accordance with clause 1, the parties to the dispute will endeavour to resolve the dispute in a timely manner either through discussions with more senior levels of management where appropriate or through alternative dispute resolution methods.
3. If discussions at the workplace level do not resolve the dispute, and all appropriate steps have been taken in accordance with clauses 1 and 2, a party to the dispute may refer the matter to Fair Work Australia.
4. Fair Work Australia may deal with the dispute in 2 stages:
   1. Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
   2. if Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then:
      1. arbitrate the dispute; and
      2. make a determination that is binding on the parties.

Note If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Act.

A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.

1. The agency or an employee who is a party to the dispute may appoint another person, organisation or association to accompany and/or represent them for the purposes of this term.
2. Resolution of disputes is to occur in good faith by following the same principles as the good faith bargaining requirements at section 228 of the Fair Work Act 2009.
3. While the parties are trying to resolve the dispute using the procedures in this clause:
   1. an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
   2. an employee must comply with a direction given by the Secretary to perform other available work at the same workplace, or at another workplace, unless:
      1. the work is not safe; or
      2. applicable occupational health and safety legislation would not permit the work to be performed; or
      3. the work is not appropriate for the employee to perform; or
      4. there are other reasonable grounds for the employee to refuse to comply with the direction.
4. The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this clause.
5. Any disputes arising under a previous collective or enterprise agreement, or the National Employment Standards that are unresolved at the date of commencement of this Agreement will be progressed under the dispute resolution procedures in this Agreement.

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