Document ID: chunk:federal_register_of_legislation:F2025L00202:schedule:3:p1
Version: federal_register_of_legislation:F2025L00202
Segment Type: schedule
Provision Reference: sch 3 (pt 1/2)
Character Range: 14641–17610

Schedule 3—Model term for enterprise agreements about dealing with disputes

Note: See section 7.

        1.       If a dispute relates to:
            1.            a matter arising under the agreement; or
            2.            the National Employment Standards;

    this term sets out procedures to settle the dispute.

        1.       The parties to a dispute referred to in this procedure may include:
           1.       an employee or employees covered by the agreement who are, or will be, affected by the dispute;
            2.            the employer or employers covered by the agreement; and
            3.            an employee organisation who:
             1.        has a member who it is entitled to represent and who is an employee referred to in (a); or
             2.      is covered by the enterprise agreement and entitled to the benefit of, or has a role or responsibility with respect to, the matter in dispute.
        1.       An employee who is a party to the dispute may advise the employer that a person or employee organisation is their representative for the purposes of the procedures in this term.
        2.       In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the relevant employee or employees, relevant supervisors and/or management and any relevant employee organisation.
        3.       If the discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the Fair Work Commission.
        4.       The Fair Work Commission may deal with a dispute referred to it under subclause (5) even if the requirement for discussions in subclause (4) has not been complied with if the Fair Work Commission is satisfied that it is appropriate in all the circumstances to do so.
        5.       The Fair Work Commission may deal with the dispute in 2 stages:
            1.            the Fair Work Commission will first attempt to resolve the dispute in such manner as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
            2.            if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then:
             1.             arbitrate the dispute; and
             2.           make a determination that is binding on the parties.
        1.       If the Fair Work Commission arbitrates the dispute:
            1.            it may also use any of the powers that are available to it under the Fair Work Act 2009 (Cth), including, but not limited to, the power to grant interim relief; and
            2.            a decision that the Commission makes when arbitrating a dispute is a decision for the purposes of Division 3 of Part 5-1 of the Fair Work Act 2009 (Cth) and a person aggrieved by the decision may seek to appeal the decision as provided for in that Act.