Dispute resolution
Disputes and conflict can occur between people working in any business. Some disputes may be related to engagement, remuneration and working conditions. It is important to have processes in place for resolving disputes - see the Working Together module for more information on identifying and resolving conflict.
If the employer is a national system employer and the dispute is related to employment contracts, the National Employment Standards or workplace agreements, the federal industrial laws provide a model dispute resolution procedure in the Regulations.
All enterprise agreements made under the federal industrial laws must contain an acceptable dispute resolution procedure or they will not be approved by Fair Work Australia.
The model dispute resolution procedure requires an initial attempt by the parties in dispute to resolve the dispute informally at the workplace level. For ways of resolving disputes go to the Working Together module.
If this is not possible then the parties can agree that the dispute be resolved by Fair Work Australia and that they will be bound by any decision made by Fair Work Australia. The model clause provides for Fair Work Australia to attempt to resolve the dispute by mediation or conciliation. If the dispute is not resolved at this first stage Fair Work Australia can then arbitrate the dispute and make binding determinations.
The model dispute resolution procedure requires the employee to continue to work as usual and for employees to comply with any reasonable directions by the employer while the dispute is being resolved unless there are reasonable concerns about occupational health and safety and there is no other work available.
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Managing disputes
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Managing disputes can be complex. For unresolved or difficult disputes obtain legal advice. |
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