DISPUTE RESOLUTION PROCEDURE FOR COMPLAINTS AND REVIEW MECHANISM

Principles

1. The following dispute settling procedure must be followed in relation to any complaint by a current or former staff member (staff member).
2. Any reference to a staff member in this clause may include more than one staff member.
3. Until the steps in clauses 7- 11 have been concluded, and if the complainant is a current UTS staff member: 
   
   a. work will continue in the normal manner; 
   b. UTS will not change work, staffing or the organisation of work, if such action is the subject of the dispute; and 
   c. the parties to the dispute will not take any action likely to exacerbate the dispute.
4. Nothing in sub-clause 3 above will prevent the termination of a current UTS staff member's employment under an applicable enterprise agreement.
5. Where a genuine occupational hazard is involved, a current UTS staff member will not be required to work in an unsafe environment and UTS will undertake suitable alternative duties until the issue is resolved.
6. Where UTS agrees there is or was an error in a staff member's position classification, appointment category, base pay rate or other entitlement, it will be remedied by UTS as soon as possible after it is identified. 
   
   Notification of Dispute
7. A staff member (or an industrial association on their behalf) will in the first instance notify the Executive Director, People and Culture of UTS (or their nominee), in writing. of the dispute ('the dispute notification'). The dispute notification must include details of the dispute and the resolution sought. 
   
   First Dispute Meeting
8. The staff member (and/or industrial association) and representatives of UTS, will meet within five working days of the dispute notification to try to resolve the dispute, unless the parties agree in writing to a different time frame.
9. Where a dispute is not resolved following the procedure in clause 8, the parties will have five working days to consider if there would be utility in a second dispute meeting. If either party does not believe there would be utility in a further meeting to try to resolve the matter, the dispute may be referred to the Fair Work Commission (FWC) in accordance with clause 11. 
   
   Second Dispute Meeting
10. Where the parties agree to a second dispute meeting to try to resolve the matter, the staff member (and/or industrial association) and representatives of UTS will meet within five working days of the first dispute meeting, unless the parties agree in writing to a different time frame. 
    
    Referral of Dispute to the FWC
11. Where a dispute is not resolved following the procedures in clauses 7 - 11, and the dispute falls within the scope of a dispute resolution procedure under the staff member's applicable enterprise agreement, the dispute may be referred by either the staff member or industrial association or the University to the FWC for resolution by mediation and/or conciliation, or where mediation or conciliation does not resolve the dispute, by arbitration. Any such referral to the FWC must be done within four weeks of the second dispute meeting referred to in clause 10 (or within five weeks of the first dispute meeting in the absence of a second dispute meeting) subject to the terms of the dispute resolution procedure in the staff member's applicable enterprise agreement.
12. If an application for arbitration is made, as referred to in clause 11, the FWC may exercise any of its powers under the FW Act. The decision of the FWC will be implemented by the parties subject to either party exercising a right of appeal against a decision of the FWC.