the MEA - ASU NSW

35.8 Where it was agreed that action to deal with the problem should be reviewed or whereafter a reasonable period (normally at least four weeks) the employer or nominee stillhas serious concerns about the same matter; a further counselling session or meetingshall be held on the basis outlined above.35.9 Where the concerns relate to allegations of harassment or intimidation on the basis ofgender, ethnicity, sexuality or physical disability, Clause 35.7 shall not apply.Written Warning35.10 Where, in the opinion of the employer or nominee, the second meeting has notresolved the employer or nominee 's concerns about the matter, and circumstanceswarrant a written warning being issued, the employer or nominee shall after a secondmeeting, issue a written warning to the employee that disciplinary action will be taken,or his/her employment may be terminated by the employer or nominee unless theemployee's performance or conduct is satisfactory by the end of a period of at leastfour weeks after the warning is issued. The warning shall outline the employer ornominee's concerns, the facts relied upon to justify the warning, the length of thewarning period, and the action which the employer or nominee proposes to take ifperformance or conduct is not satisfactory by then. A copy of this Clause of theAgreement shall be attached, and a copy of the warning shall be sent promptly to therelevant person, association, organisation or other representative.35.11 Where, after the second meeting described above, the same problem persists or arisesagain within six months of that meeting, the employer or nominee may take action inaccordance with Clauses 35.13 and 35.14, or may recombines the process by seeking afirst meeting in accordance with this Clause.Disputes Concerning a Written Warning35.12 Where written warning has been issued to an employee, and the relevant person,association, organisation or other representative, on behalf of the employeenotifies the employer or nominee that it has concerns regarding the warning, a meetingshall be held as soon as possible at a mutually agreed time, but no more than twoweeks after the issuing of the warning unless in exceptional circumstances, betweenan equal number of employer or nominee and relevant person, association,organisation or other representative unless otherwise agreed.35.13 Where the relevant person, association, organisation or other representative, on behalfof the employee, notifies the employer or nominee that it has serious concerns aboutany other aspect of the procedure followed by the employer or nominee in relation tothis Clause, the procedure outlined in Clause 34 shall be followed.35.14 Where the procedure outlined in this Clause fails to settle the dispute, the relevantperson, association, organisation or other representative or the employer or nomineemay seek to have any dispute in relation to this Clause referred to Fair Work Australia.35.15 The dispute shall be referred to the Fair Work Australia with a view to Fair WorkAustralia conciliating an outcome which is mutually acceptable.35.16 DISCIPLINARY ACTION AND SERIOUS MISCONDUCTCommunity Sector Multiple Enterprise Agreement 2009