the MEA - ASU NSW

(a)(b)(c)(d)(e)The procedures in this clause will be used to deal with all disputes arising out of theemployment relationship between the employers and their employees bound by thisagreement.All the employees and the employer have an interest in the proper application of theAgreement.At all stages in these procedures, a party to the dispute may appoint another person,organisation or association to accompany or represent them in relation to the dispute.In the first instance the parties will genuinely attempt to resolve the dispute at theworkplace by discussions between the employee or employees concerned and therelevant supervisor and, if such discussions do not resolve the dispute, by discussionsbetween the employee or employees concerned and more senior levels of managementas appropriate.Where a dispute arises regarding the terms of this agreement or any other matterarising in the workplace the parties agree that if the dispute is unable to be resolved atthe workplace, and all agreed steps for resolving it have been taken, or if a partyrefuses to follow the dispute resolution procedure, the dispute may be referred byeither party to Fair Work Australia for resolution by conciliation and, if the disputeremains unresolved, by arbitration.Conciliation(f)If the dispute is referred to Fair Work Australia for conciliation, Fair Work Australiawill have all the powers set out at Chapter 6, part 6.2 of the Fair Work Act 2009.Further, the following procedure will guide Fair Work Australia’s actions:a. Before the process commences Fair Work Australia may confer with the partiesinformally about matters of procedure, such as:i. the presentation of each side’s position (whether oral or in writing);ii. confidentiality requirements;iii. representation at the conciliation;iv. timing, location and duration of the conciliation;v. whether a telephone conference is all that is needed in the first instance;andvi. any further particulars about Fair Work Australia’s role in relation toestablishing procedures.b. Subject to the preceding clause, it is agreed that Fair Work Australia will observeconfidentiality about all aspects of the dispute and may do such things as:i. help the parties identify the define the matters in dispute;ii. help the parties to develop a procedure which is aimed at achievingresolution of the dispute, quickly, fairly and cost-effectively;iii. where appropriate, suggest particular dispute resolution techniques forindividual issues aimed at narrowing the matters in dispute quickly, fairlyand cost-effectively; andiv. act as the facilitator of direct negotiations between the parties.c. The parties further agree that during the conciliation, Fair Work Australia may, atits discretion, discuss the matter(s) in dispute privately with any of the parties tothe dispute or their representatives. Fair Work Australia shall keep confidential theCommunity Sector Multiple Enterprise Agreement 2009