Understand your rights around consultation and dispute resolution is an important part for ensuring workplace issues are addressed fairly and effectively
The Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 sets out important protections for employees when workplace changes are being considered and when grievances, disputes or difficulties arise.
While consultation and dispute resolution are closely related, they serve different purposes. Consultation is the genuine opportunity to be informed, contribute and have your views considered before decisions are made. Dispute resolution provides a formal pathway for addressing issues when a problem has already arisen.
This bulletin explains the key provisions of the Award, what they mean in practice, and the steps members can take to ensure their rights are exercised.
CONSULTATION AND DISPUTE RESOLUTION
The Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 provides important rights for employees in relation to consultation and the resolution of workplace disputes.
CONSULTATION — CLAUSE 65
Clause 65 of the Award requires effective consultation, both formal and informal, between management and the Association on matters of mutual interest and concern.
The Award also requires management to consult with the Association before the introduction of technological change.
The NSW Government Consultative Arrangements Policy, M2025-07 reinforces the importance of effective and cooperative consultation between management, employees, and unions.
What does consultation mean?
Consultation should provide an opportunity to:
- receive relevant information;
- ask questions and raise concerns;
- identify impacts on employees;
- put forward views and alternatives; and
- have those views properly considered.
DISPUTE RESOLUTION — CLAUSE 9
Consultation and dispute resolution are different processes.
If you have a grievance, dispute or difficulty concerning the Award, clause 9 provides a process for attempting to resolve the issue.
The process
- Notify your immediate manager in writing
Under clause 9.2, an employee is required to notify their immediate manager in writing:
- of the substance of the grievance, dispute, or difficulty.
- request a meeting to discuss the matter; and
- if possible, state the remedy sought.
Keep a copy of your written notification and any response you receive.
- Meeting to resolve the issue The immediate manager or appropriate officer is to convene a meeting to attempt to resolve the matter within two working days, or as soon as practicable.
- Escalate if unresolved If the matter is not resolved, the employee can request a meeting with the next level of management. The matter can progress through successive levels of management where required.
- Union representation An employee may request to be represented by the Association at any stage of the dispute resolution process.
- Written response Where the matter remains unresolved, the process provides for a written response concerning the action to be taken or the reasons for not taking action.
- NSW Industrial Relations Commission If the matter remains unresolved after the dispute-settling procedures have been used, the matter may ultimately be referred to the NSW Industrial Relations Commission, in accordance with clause 9.
CONSULTATION AND DISPUTE RESOLUTION — KNOW THE DIFFERENCE
Consultation is about having an opportunity to participate and have a say when a workplace change or matter of mutual interest and concern is being considered.
Dispute resolution is the process for dealing with a grievance, dispute or difficulty when an issue has arisen and cannot be resolved.
Remember
- If you have a dispute, put it in writing.
- State the issue clearly and, if possible, the remedy you are seeking.
- You can request union representation at any stage of the dispute process.
- Know your Award. Know your rights.
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