DISPUTE SETTLING PROCEDURE The Enterprise Agreement contains a Dispute Avoidance/Settlement Procedures [DSP] clause at G2 to deal with disputes

arising in the workplace regarding the interpretation or implementation of the terms, conditions and entitlements of the EA regarding the application of the National Employment Standards of the Fair Work Act [FWA] Generally, these disputes tend to be of either an interpersonal nature ie they involve some aspect of behaviour of a work colleague or supervisor or they involve some aspect of benefits provided for in the EA. It is most important that such disputes are dealt with in a timely fashion or they will grow to disrupt the good working order of relationships in the workplace. All employees conduct themselves interdependently in the daily performance of their duties. This interdependency can be put at serious risk by unresolved disputes. Below is a rough guide on how to raise and work towards resolution of disputes arising in the workplace. Be sure you have correctly identified the issue in dispute ie is it interpersonal, management action, bullying, EA benefit, OH&S, ETD or AEU policy, workload, etc.

AEU member takes the dispute to a member of the school leadership team & if unresolved, takes to AEU Sub Branch Executive member or to AEU Sub Branch. Where the dispute involves OHS, the member or Sub Branch should confer with the HSR first. Where the dispute involves workload, the member or Sub Branch should direct the issue to the workload committee first.

Member takes the dispute to an Executive member of AEU Sub Branch to discuss and/or seek assistance/advice before or after first taking up the dispute with a member of the school leadership team or takes the dispute direct to AEU Sub Branch. Where possible, the dispute should be framed into a motion for the Sub Branch to consider, debate & resolve. Include in the motion an action & to whom it should be sent.

A Sub Branch delegation should be formed to take the dispute/motion to a member of the school leadership team where it should be explained, discussed & resolved.

At any time, the member or the Sub Branch can contact AEU Office for assistance/advice on how to proceed with the dispute.

Where the dispute is not resolved, the Sub Branch should contact AEU Office for assistance/advice.

Once the school workplace leadership team avenues for resolving the dispute have been exhausted, and the member/sub branch wishes to persevere with the dispute, the dispute then leaves the school workplace to be handled by AEU Office and ETD HR.

AEU Office may take the dispute back to the school workplace or forward to ETD HR to discuss & resolved.

Where the dispute remains unresolved, AEU Office may campaign on the dispute, abandon the dispute or take the dispute to the FWC.