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(b) (c) (d) (e) (f) The parties to a dispute must genuinely attempt to resolve the dispute through the processes set out in this clause and must co-operate to ensure that these processes are carried out expeditiously; and Whilst a dispute or grievance is being dealt with in accordance with this clause, work must continue in accordance with usual practice, provided that this does not apply to an Employee who has reasonable concerns about imminent risk to his or her health and safety, has advised the CEO or delegate of this concern and has not unreasonably failed to comply with a direction by the CEO or delegate to perform other available work that is safe and appropriate for the Employee to perform; and Subject to any agreement between the parties in relation to a particular dispute, it is agreed that the provisions of FW Act will be applied by FWA with respect to the exercising of its functions and powers under this clause; and Any decision or direction the FWA makes in relation to the dispute will be in writing; and Subject to the right of appeal under sub-clause 13.12 any direction or decision of the FWA, be it procedural or final, will be accepted by all affected persons and complied with by the parties. Internal Resolution 13.5 In the event of a dispute, the parties will in the first instance endeavour to resolve the matter internally as follows: (a) (b) (c) (d) (e) The Employee will refer the matter to his or her immediate supervisor for resolution, who may request that the Employee provide written details of the matter, provided that where the dispute concerns alleged actions of the immediate supervisor, the Employee may by-pass this step. If the matter cannot be resolved under paragraph 13.5(a) above, it will be referred in writing to the relevant manager for resolution. If the matter cannot be resolved under paragraph 13.5(b) above, it will be referred in writing to the CEO for resolution. If the matter cannot be resolved under paragraph 13.5(c) above, it will be referred in writing to the Commissioner for resolution. Attempts to resolve the matter under each stage of the process referred to in paragraphs 13.5(a) to paragraph 13.5(d) will begin within 24 hours of, and be completed within 3 working days of the referral relating to that particular stage. These time limits may be extended by agreement between the parties to the dispute. 10 NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement
Conciliation 13.6 If the dispute remains unresolved after the parties have genuinely attempted to reach a resolution in accordance with sub-clause 13.5, any party may refer the dispute to FWA under the FW Act, for resolution by conciliation. 13.7 Provided the requirements of sub-clauses 13.4(f) and 13.5 have been met by the parties to the dispute, it is agreed that jurisdiction will not be raised by any party at conciliation. 13.8 Conciliation before the FWA will be regarded as completed when: (a) (b) the parties have reached agreement on the settlement of the dispute; or the member of FWA conducting the conciliation has either of his or her own motion or after application by any party, satisfied him or herself that there is no likelihood that further conciliation will result in a settlement within a reasonable period. Arbitration 13.9 If a dispute remains unresolved at the completion of conciliation, either party may refer the dispute to FWA for determination by arbitration, subject to any jurisdictional submissions. 13.10 Where a member of FWA has exercised conciliation powers in relation to the dispute, that member will not be the member responsible for conducting the arbitration if any party to the dispute objects to that member doing so. 13.11 Subject to paragraph 13.12, the determination of the FWA is final and binding. 13.12 A party may appeal an arbitrated decision of a single member of FWA, with leave of the full bench, provided that such appeal is lodged within 21 days of the decision being made. PART 2 – PROCEDURAL MATTERS 14. Management of Change 14.1 The parties covered by this Agreement acknowledge that organisational and technological change is ongoing in the NTPS and that good change management is necessary to further achieve efficiency and productivity. 14.2 The parties undertake, in good faith, to facilitate the process of change and reform by a cooperative approach to change management and by observing the following principles where substantial change is proposed: (a) Managers have a clear understanding of the change required, are committed to it, allocate adequate resources to the process and have the skills to implement change effectively; and 11 NTPS NURSES AND MIDWIVES’ 2011-2014 Enterprise Agreement
Page 1 and 2: NORTHERN TERRITORY PUBLIC SECTOR NU
Page 3 and 4: 25. Post Graduate Qualification All
Page 5 and 6: 4. Definitions For the purposes of
Page 7 and 8: 7A.4 This clause will not operate,
Page 9: (b) (c) (d) (e) (f) (g) Increased d
Page 13 and 14: taken into account. 15. Filling of
Page 15 and 16: 16.2.4 The committee will have the
Page 17 and 18: 18.3 Access to EAPs by Employees an
Page 19 and 20: iii. In the demonstration of leader
Page 21 and 22: Nurse 6 (Registered Nurse / Registe
Page 23 and 24: Classification $ Previous salary fr
Page 25 and 26: 23.8 If a decision is made under pa
Page 27 and 28: (e) (f) (g) be paid only once to an
Page 29 and 30: (b) (c) paid at the salary rate of
Page 31 and 32: (b) (c) (d) (e) (f) (g) (h) (i) (j)
Page 33 and 34: payment of overtime will be paid an
Page 35 and 36: (b) (c) (d) (e) (f) (g) (h) The per
Page 37 and 38: 40.2 The Commonwealth Superannuatio
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Page 49 and 50: Clause Type of leave Paid leave Unp
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Page 55 and 56: adoption leave, paid leave will onl
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Page 59 and 60: 53.14 Returning to Work After a Per
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(a) (b) In the event of the death o
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55.4 Accessing Paid Personal Leave
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and the grant of sick leave after t
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(a) (b) An Employee’s entitlement
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56.11.3 Employees affected by the c
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59. Extended Leave Scheme 59.1 Gene
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Schedule 1 Nurses (Northern Territo
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(g) Pay point Y2 means the pay poin
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at pay point Y4, where such an Empl
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(b) in any fortnight not more than
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v. while travelling directly betwee
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4. Emergency Duty iii. An allowance
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An Employee who is required to stan
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i. Monday to Friday outside the spa
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(e) (f) (g) the first Monday in May
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Schedule 3 Northern Territory Publi
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(i) (ii) is not required to notify
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4.6 The airfare entitlement referre
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(a) the rate of payment will be as
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ii. iii. iv. Sections 41, 42 and 43
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iii. Voluntary retrenchment (refer
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i. Advise the Commissioner, in acco
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elevant information and the circums
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Schedule 4 Allowances Part A - WORK
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