Disputes – Generic – Questions, Tips, and Initial Advice
Disputes – Generic – Questions, Tips, and Initial Advice
Summary
Workplace disputes can arise for any number of reasons, but mostly where there is disagreement over entitlements or application of an Award or Agreement. Most instruments include a dispute resolution procedure (DRP) that must be followed before external escalation, and they often require different processes and allow for different procedures. Clear documentation and communication are key to resolution.
Questions
- What is the dispute about? Who raised it? Any written correspondence?
- Steps taken; organiser involvement; desired outcome; are others affected?
- Does the DRP cover this issue and what are the steps that need to be taken before escalating the dispute?
Preliminary Advice
- Identify the relevant clause/entitlement or policy (Award/EBA/contract/WHS).
- In federal matters: follow the DRP before escalation to the FWC; in NSW, following the DRP is best practice.
- If no formal complaint yet, complete a grievance/WHS form with factual details.
- Always start by giving the employer the opportunity to resolve the issue.
Escalation/Referral
- Industrial Officer: If matter is not resolved throughout the DRP, escalate to IO for next steps.
- Organiser: If there is a dispute impacting a group of members.
Copy–Paste Email Templates
Info Needed (MSO to Member)
Subject: Information Needed – Dispute Triage
Hi [Name],
Please send any emails/letters about this issue, the clause/policy you believe applies, steps taken so far, and your desired outcome. This helps us follow the DRP properly.
Kind regards,
[Your Name]
Member Services
Related Articles
Redundancy – Questions, Tips, and Initial Advice
Redundancy – Questions, Tips, and Initial Advice Summary Redundancy occurs when a position is no longer required to be performed by anyone. Employees are entitled to consultation, notice, and redundancy pay under their Award or Enterprise Agreement. ...
Grievance/Victimisations – Questions, Tips, and Initial Advice
Grievance/Victimisations – Questions, Tips, and Initial Advice Summary A grievance process provides employees with a pathway to raise concerns about workplace treatment, conduct, or management actions. Victimisation occurs when an employee is treated ...
Annual Leave – Questions, Tips, and Initial Advice
Annual Leave – Questions, Tips, and Initial Advice Summary Employees are entitled to paid annual leave under the National Employment Standards and their applicable Award or Enterprise Agreement. Leave is generally taken by agreement, considering ...
Classification/Grading Inquiry – Questions, Tips, and Initial Advice
Classification/Grading Inquiry – Questions, Tips, and Initial Advice Summary Classifications determine pay rates, duties, and levels of responsibility under Awards or Agreements. Misclassification or higher duties can result in underpayment or ...
Breaks – Questions, Tips, and Initial Advice
Breaks – Questions, Tips, and Initial Advice Summary Most Awards and Agreements set minimum meal and rest breaks based on hours worked. Breaks may be paid or unpaid and should generally occur at predictable times in a shift. Issues often arise where ...