Dispute Resolution

Read the Dispute Resolution section of 2013 Enterprise Agreement for Australia Post below and in your opinion, how inclusive it is? Is there anything missing?42.2 Dispute Resolution Procedure 42.2.1 If a dispute relates to (a) a matter arising under this Agreement; or (b) the National Employment Standards; this clause 42 sets out the escalation process which must be followed to settle the dispute. 42.2.2 The dispute resolution procedures and escalation process set out in this clause 42 do not apply to clauses in this Agreement in which the Parties commit to negotiating a new policy or agreement during the term of this Agreement. In particular, this clause 42.2.2 applies to clause 40.1, negotiating a Retail Services Transformation Agreement. 42.3 Internal Negotiations 42.3.1 The employee will discuss the matter with their immediate manager/supervisor. However, in circumstances where the matter may relate to the behaviour or actions of the immediate manager and it would be inappropriate to discuss the matter at that level, the employee may discuss the matter with the next highest level of management. 42.3.2 If the matter is not resolved at that level within a reasonable timeframe, the employee concerned may arrange further discussions involving more senior levels of management or the Union as appropriate. 42.3.3 If the issue involves more than one employee, the employees involved, the Union or the management may raise the issue at the level the parties consider appropriate. 42.4 FWA Conciliation 42.4.1 If the internal negotiations do not resolve the dispute, a party to the dispute may refer the matter to FWA for conciliation. 42.4.2 The party notifying the dispute will do so by filing with FWA and serving on all other relevant parties a dispute notification document that set out a brief description of the dispute, the material facts the disputing party believes to be relevant to the dispute and the desired remedy. 42.5 Independent Mediation 42.5.1 If the conciliation by FWA has been unsuccessful in resolving the dispute, a party to the dispute may refer the dispute to a third party mediator agreed to by both parties. If the parties are unable to agree on a mediator, the Institute of Arbitrators & Mediators Australia Mediation Rules will apply in relation to the appointment of a mediator. 42.5.2 Having regard to the terms of this Agreement, the National Employment Standards and the principles set out in clause 42.1.3, the independent mediator must assess the merits of the matter and make a nonbinding recommendation that: (a) arbitration by FWA is appropriate on the basis that it raises a genuine question about the interpretation of the Agreement or the National Employment Standards; or (b) arbitration by FWA is not appropriate. 42.5.3 The independent mediator may make non-binding recommendations regarding how the matter may be resolved between the parties prior to arbitration. 42.5.4 The cost of the mediator will be shared equally between the parties and each party will pay its own costs for the mediation. 42.6 Arbitration 42.6.1 If the mediation has been unsuccessful in resolving the dispute, then a party to the dispute may elect to have the matter arbitrated by FWA. 42.6.2 FWA may only determine the matter by arbitration if all the conditions set out in this clause 42.6.2 are satisfied: (a) the escalation process in this clause 42 has been followed; and (b) where the party requesting arbitration is either a Union or Australia Post, that party has been authorised to apply for arbitration by its relevant decision-making body in accordance with their rules which, in respect of the CEPU and CPSU, and Australia Post is set out below: (i) CEPU, Communications Division – Divisional Executive (or any successor body); (ii) CPSU – Executive Council (or any successor body); (iii) Australia Post – Executive Committee of Australia Post; and (c) FWA is satisfied that the relevant decision-making body of the party requesting arbitration has considered the independent mediator’s recommendation in relation to whether arbitration is appropriate for the dispute in authorising the application for arbitration by FWA. 42.6.3 In arbitrating the dispute FWA may: (a) make a determination that is binding on the parties; and (b) use the powers that are available to it under the FW Act. 42.6.4 A decision that FWA makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5-1 of the FW Act. Therefore, an appeal may be made against the decision. 42.7 Application Clauses 42.5 to 42.6

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