Sch 9Prescribed model dispute resolution procedure

Schedule 9 Prescribed model dispute resolution procedure (subregulation 30ZI (2)) In relation to any matter that may be in dispute between the parties to this AWA (the matter), the parties: (a) will attempt to resolve the matter at the workplace level, including, but not limited to: (i) the employee and his or her supervisor meeting and conferring on the matter; and (ii) if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and (b) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to resolving the matter at the workplace level; and (c) agree to allow either party to refer the matter to mediation if the matter cannot be resolved at the workplace level; and (d) agree that if either party refers the matter to mediation, both parties will participate in the mediation process in good faith; and (e) acknowledge the right of either party to appoint, in writing, another person to act on behalf of the party in relation to the mediation process; and (f) agree that during the time when the parties attempt to resolve the matter: (i) the parties continue to work in accordance with their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health or safety; and (ii) subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the employee to perform; and (iii) the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible; and (g) agree not to commence an action: (i) to obtain a penalty under section 170VV of the Act; or (ii) to obtain damages for breach of the AWA; or (iii) to enforce a provision of the AWA or Part VID of the Act (other than an action to enforce section 170VU of the Act); unless: (iv) the party initiating the action has genuinely attempted to resolve the dispute at the workplace level; and (v) either: (A) a period of 7 days has expired from the date when the party initiating the action gave notice that mediation is not requested; or (B) mediation was requested by either party and that mediation has been completed.