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The parties to this Agreement have an interest in the proper application of this Agreement and in minimising disputes about its proper application in a timely manner. For the purpose of preventing and settling disputes between the parties about matters arising under this Agreement and about matters arising under the National Employment Standards, the following procedures have been agreed.
To initiate the process a staff member or members will first discuss the matter with their supervisor or the NTEU will first discuss the matter with the appropriate person at the University. The staff member or members will have the right to be represented by a person in accordance with sub-clause 6.22 of this Agreement.
Where a dispute is not resolved under sub-clause 64.2, at the request of a party to the dispute the matter may be referred to
or, at the election of the party to the dispute who seeks to refer the matter for resolution
who will endeavour to resolve the matter within 10 working days. Any resolution will be in the form of a written agreement between the parties to the dispute.
The University will notify the Deakin University NTEU Branch President of the dispute should the NTEU not be involved in the processes under sub-clauses 64.2 or 64.3.
Until the procedures described in sub-clause 64.3 have been exhausted:
In the event that the matter remains unresolved after the parties to the dispute have followed the steps set out in sub-clauses 64.2 to 64.4, the matter may be referred to Fair Work Australia by any party to the dispute for conciliation and/or arbitration.
For the purposes of this clause, a grievance exists when a staff member makes a complaint or notifies a grievance in accordance with the procedures set out in this clause. These procedures do not apply where alternative procedures exist. An academic staff member may not lodge a grievance under this clause if the grievance relates to appointments matters and decisions of the University Council. A matter may not be dealt with under this clause if the Vice-Chancellor has made a final decision in relation to the matter under another clause in this Agreement. A matter may also not be dealt with under this clause if the same matter is being or has been dealt with under the dispute settling procedures in clause 64. This clause will not derogate from the right of the parties to this Agreement to take action under the Fair Work Act 2009.
The staff member may request the assistance of a representative, in accordance with sub-clause 6.22 of this Agreement, at any stage if he or she so chooses.
The staff member will first discuss the grievance with his or her supervisor.
Where the staff member discusses the matter with his or her supervisor, all reasonable attempts to resolve the grievance must be made as soon as practicable with the supervisor using his or her best endeavours to resolve the grievance within 10 working days. Where the matter is resolved, an appropriate record of the resolution of the grievance should be kept.
If the grievance is not resolved by the staff member's supervisor within the time specified above, the staff member or the supervisor may refer the grievance to the Director of the Human Resources Services Division who will attempt to resolve the grievance in the shortest practicable time.
Failing a resolution of the grievance by the Director of the Human Resources Services Division, the staff member may request that the matter is referred to an independent conciliator. Upon receipt of such a request, the matter will be referred to an independent conciliator nominated by the staff member from the pool of internal or external conciliators created in accordance with sub-clause 65.11.
The independent conciliator will first determine whether the subject matter of the grievance constitutes a genuine grievance. Where the nature of the grievance is frivolous, vexatious or not relevant to the employment relationship it will not be regarded as genuine. In these cases, the independent conciliator may choose not to proceed with the matter and no further action will ensue.
If the independent conciliator determines that the subject matter of the grievance is genuine, the independent conciliator will investigate the matter and attempt to facilitate a fair and reasonable conclusion as expeditiously as possible. The independent conciliator will have access to all relevant documents and material.
Failing resolution of the grievance within 15 working days of the independent conciliator receiving the matter, the independent conciliator will provide a report to the Vice-Chancellor, a copy to the staff member and, where they have chosen, a copy to the staff member’s representative nominated in accordance in sub-clause 6.22 of this Agreement, with recommendations on the resolution of the grievance. The Vice-Chancellor will consult with the affected staff member or the staff member’s representative before deciding on the matter.
The Vice-Chancellor's decision will be final and will be conveyed to the staff member and other relevant parties to the grievance.
The independent conciliator will be drawn from a pool of internal or external conciliators nominated by the Vice-Chancellor and agreed to by the Deakin University NTEU Branch President (who will not unreasonably withhold his or her agreement to those persons nominated by the Vice-Chancellor).
A grievance will be deemed to have been resolved if: