36. Procedures for dispute avoidance and settlement
36.1 The objectives of these procedures are the avoidance and resolution of any dispute over matters covered by this Agreement. The avoidance and resolution of the dispute will be carried out by measures based on the provision of information, explanation, consultation, cooperation and negotiation.
36.2 While these dispute procedures are being followed, normal work will continue, except in the case of a genuine safety issue. The status quo existing before the emergence of a dispute will continue while these procedures are being followed. Where practicable, these dispute procedures will be completed within 21 days. No party to the dispute will be prejudiced as to the final settlement by the continuation of work.
36.3 For the purposes of these procedures the employee may be represented by a Nominated Representative. This request must be made, in writing, to the Executive Director.
36.4 If there is a disagreement as to the interpretation or implementation of this Agreement, the following procedures will apply:
36.4.1 The matter is to be raised and discussed by a party to this Agreement with the immediate supervisor or the relevant senior manager (where appropriate) in the first instance without delay in an effort to resolve the matter promptly. Where the matter is raised by an employee they may be represented by a Nominated Representative. This discussion should commence within 24 hours and this process should not extend beyond seven (7) days.
36.4.2 If the matter is not resolved as in Subclause 36.4.1, it will be referred to the Executive Director. The Executive Director will arrange a conference of the parties to the dispute to discuss the matter without delay in an effort to resolve the matter promptly. This process should not extend beyond a further seven (7) days.
36.4.3 If the matter remains unresolved, it may be referred by any of the parties to the dispute, to the FWC.
36.5 The FWC is empowered by this Agreement to settle and determine any dispute over matters covered in this Agreement. The parties to the dispute will be bound by the determination of the FWC.
36.6 Where the FWC determines that it has jurisdiction to arbitrate, the FWC may resolve the dispute by the process of conciliation and/or arbitration. The parties to the dispute agree to be bound by the determination of the FWC.
36.7 Where the FWC arbitrates the dispute, it may also use the powers that are available to it under the Fair Work Act 2009, as amended from time to time.
36.8 Where the FWC determines that it does not have jurisdiction to arbitrate, the parties to the dispute agree to consider all recommendations made by the FWC during conciliation, to resolve the dispute.
36.9 Nothing in this clause prevents the parties to the dispute to agreeing to refer an unresolved dispute to a person or body other than the FWC for resolution, in which case the parties to the dispute agree to be bound by any recommendation made to resolve the dispute.