Commonwealth Consolidated Regulations

FAIR WORK REGULATIONS 2009 - SCHEDULE 6.1

(regulation 6.01)

                Model term

         (1)   If a dispute relates to:

                (a)    a matter arising under the agreement; or

               (b)    the National Employment Standards;

this term sets out procedures to settle the dispute.

         (2)   An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.

         (3)   In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.

         (4)   If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Australia.

         (5)   Fair Work Australia may deal with the dispute in 2 stages:

                (a)    Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and

               (b)    if Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then:

                          (i)    arbitrate the dispute; and

                         (ii)    make a determination that is binding on the parties.

Note    If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Act.

A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.

         (6)   While the parties are trying to resolve the dispute using the procedures in this term:

                (a)    an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and

               (b)    an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:

                          (i)    the work is not safe; or

                         (ii)    applicable occupational health and safety legislation would not permit the work to be performed; or

                        (iii)    the work is not appropriate for the employee to perform; or

                        (iv)    there are other reasonable grounds for the employee to refuse to comply with the direction.

         (7)   The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this term.