Where any dispute arises about the application of this Agreement and/or the National Employment Standards (NES), the following dispute settlement procedure applies.
In the first instance the NTEU, CPSU or an employee will notify the Chief People Officer in writing of the dispute ('the dispute notification'). The dispute notification must include details of the dispute and the resolution sought.
An employee may be represented by a Union and/or Employee Representative at any stage in this procedure.
The employee and/or the Union and/or Employee Representative and representatives of the University will meet within five (5) working days of the dispute notification to try to resolve the dispute, unless the parties agree in writing to a different timeframe.
Where a dispute is not resolved following the meeting in sub-clause 1.10(d) above, the employee and/or the Union may request a second meeting within five (5) working days of the first dispute meeting. A second meeting will be held within five (5) working days of the request, unless the parties agree to a later date. If the dispute is not resolved at the conclusion of the second meeting, the University will advise other parties to this agreement (other than employees) of the issue in dispute.
Any agreement reached under the provisions above will be recorded in writing and implemented.
If the dispute is not resolved, a party to the dispute may refer the matter to the Fair Work Commission for conciliation and/or arbitration. If no party refers the matter to the Fair Work Commission within twenty (20) working days following the meeting held at sub-clause 1.10(e) above, the matter will be deemed to be discontinued.
The decision of the Fair Work Commission will be binding, and all parties will implement the outcome, subject to a party exercising a right of appeal against a decision of the Fair Work Commission.
Until the procedures described in this clause have been finalised, work will continue in the normal manner, that is the University will not change the work, staffing or the organisation of work if such is the subject of the dispute or take any other action likely to exacerbate the dispute.
A dispute will not be taken to the Fair Work Commission by an employee or their Union until the steps in sub-clauses 1.10(b) – 1.10(e) above have been followed, except in the circumstance that there is no agreement that an issue raised under this section constitutes a dispute about the application of, or matters arising under, this Agreement or the NES. In this instance, the issue may be referred to the Fair Work Commission for a determination as to whether the dispute should be dealt with pursuant to these procedures.
Where an occupational hazard is involved, employees will not be required to work in an unsafe environment and will undertake suitable alternative duties until the issue is resolved.
A dispute which had been formally notified under the dispute settlement provisions of clause 1.12 of the Australian Catholic University Staff Enterprise Agreement 2022 – 2025, but which has not concluded at the time at which this Agreement commences will continue to be dealt with in accordance with the relevant provisions applied under that Agreement.
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