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Effective Grievance Handling Procedures in NSW Awards & Enterprise Agreements

Introduction
Defining a grievance
Confidentiality a must

Introduction

Effective grievance-handling procedures are an important feature of many NSW enterprise agreements and enterprise awards. These procedures enable employees, unions and employers to deal with workplace problems promptly and constructively. Improved communication also assists in resolving grievances as close to the source as possible. The procedures can be tailored to a specific enterprise. These examples cover grievance-handling procedures introduced in two recent NSW enterprise agreements.

Defining a grievance

A manufacturing company has developed a NSW enterprise agreement which features a grievance procedure to deal with any action which disadvantages employees.

The procedure defines a grievance as any alleged discrimination in employment relating to the Anti-Discrimination Act 1977 or any dispute arising from the interpretation or operation of the agreement.

The agreement highlights the need for all employees to become familiar with the procedures and an undertaking must be given to observe it.

While a five-stage procedure exists, every effort is made to resolve the grievance at the lower levels as quickly as possible within a reasonable time limit.

The process is aimed at achieving quick and effective results and to provide greater stability in the workplace. The steps outlined can be used with any grievance relating to company action, the interpretation and application of the agreement and any alleged discrimination within the meaning of the Anti-Discrimination Act.

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Confidentiality a must

A NSW enterprise agreement covering a firm in the music industry contains detailed procedures for avoiding workplace disputes.

The objective of the procedure is to resolve grievances by consultation, discussion and cooperation. The procedure plays an important role in improving staff morale and encouraging a supportive and conflict-free workplace.

The four-stage process demonstrates a commitment by the parties to adhere to the procedure. Particular emphasis is given to identifying and recording all facts.

The agreement emphasises the need for each stage to be handled expeditiously, with seven days being allowed for all stages to be finalised.

Featured in the agreement is a confidentiality statement which remains binding after the termination of the employee's service.

The agreement notes the parties' commitment to a detailed and effective procedure which allows proceedings to be conducted efficiently, fairly and without bias.