79. Dispute avoidance and settlement

79.1 It is agreed that the University, staff and unions party to this Agreement have an interest in the proper application of this Agreement and in minimising disputes about the proper application of the Agreement. Where a dispute arises regarding the application of this Agreement of the National Employment Standards in the Fair Work Act (other than a dispute about whether the University had reasonable business grounds under sub-section 65(5) or 76(4) of the Fair Work Act.) the procedures below will be followed in an attempt to settle the matter in dispute locally.

79.2  In the first instance an attempt should be made to resolve the dispute in good faith at the local level with the staff member(s) raising the matter with their supervisor or their supervisor's supervisor in accordance with University staff grievance resolution procedure.

79.3 If the matter remains unresolved it may be referred to the Director - Human Resources by the staff member(s) of the relevant union. The Director - Human Resources will seek to resolve the matter within 1 week or refer the matter to a Disputes Committee for resolution in accordance with clause 79. The party raising the matter must specify at least one proposal about how the matter should be resolved.

79.4 A Disputes Committee shall consist of equal number of staff nominees (normally two each) of the University and the relevant union. The Disputes Committee will commit to resolving disputes as soon as possible, and shall attempt to resolve the matter within 2 weeks of its first meeting. Unless otherwise agreed, if the matter is not resolved within the 2 week period any party to the dispute shall be entitled to regard the internal dispute settling procedures as having been exhausted.

79.5 Without prejudice until the internal dispute settling procedures outlined above have been exhausted, work will continue as normal, and the matter shall  not be taken to the Fair Work Australia by any party to the dispute

79.6 Where a genuine safety issue arises, the University will not require staff to work in an unsafe environment. Staff will accept reassignments, suitable alternative work and relocation until thier normal workplace has been declared safe.

79.7 Should the dispute not be resolved by the procedure above the matter may be referred to the Fair Work Commission (FWC) for conciliation and/or arbitration. The parties agree to be bound by FWC's resolution of the dispute. Where the FWC determines that it does not have jurisdiction to arbitrate, the parties agree to be bound by any agreed recommendation made by the Fair Work Commission during conciliation to resolve the dispute.  

79.8 Nothing in this clause prevents the parties from agreeing to refer an unresolved dispute to a person or body other than the Fair Work Commission for resolution.

79.9  Where a staff member has a right to seek the review of a decision, or has sought such a review, pursuant to clauses 55 or 74 of the ANU Enterprise Agreement 2010-12 ('the former Agreement') and the review remains unresolved as  at the date of this Agreement, the provisions of the former Agreement continue to effect and are incorporated into this Agreement to the extent required to enable implementation or resolution of a review, pursuant to those provisions, and the implementation of any decision by the University following the completion of such review.

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