What is the purpose of this policy?
The purpose of this Grievance Policy is to provide a clear and transparent process for workers to raise grievances and ensure they are addressed promptly, fairly and consistently.
Key Policy Objectives
Grievances can arise from various issues, including work conditions, pay or benefits, management, supervision and interpersonal conflict. Having a grievance policy and investigation process in place:
- helps prevent escalation of minor complaints or disagreements from becoming more serious issues;
- fosters a company culture of openness and trust, making workers feel heard and valued; and
- helps avoid potential legal issues and litigation by providing a clear process for resolving grievances internally.
Who can use this policy?
Any National System Employer can use this policy.
Who is covered by this Grievance Policy?
All Workers are covered by this Grievance Policy.
The Grievance Policy does not form part of any contract, whether that is a contract of employment, an agency agreement, an independent contractor agreement or terms and conditions and does not otherwise impose contractually binding obligations on anyone.
Considerations for employers
Companies should ensure that grievances are dealt with in a considerate manner and that procedural fairness is afforded to the parties involved.
Many provisions of this Grievance Policy are framed in a “should” or “may” manner as grievances can arise from many situations, some being more sensitive than others. This phrasing is designed to allow companies the flexibility to deal with a grievance in a manner most suitable to the circumstances. However, it is still important for companies to be consistent—treating similar grievances in similar ways. If not, workers might feel they were treated unfairly or even discriminated against.
Most modern awards and enterprise agreements include dispute resolution procedures. When a grievance is raised by an employee, the company should first determine if the employee is covered by a modern award or enterprise agreement and refer to the respective award or agreement for the appropriate dispute resolution process to address the grievance.
The Fair Work Act 2009 (Cth) (Fair Work Act) also requires that certain employee grievances or disputes be dealt with in accordance with specific legislative provisions. This includes disputes involving:
- employee requests for flexible working arrangements;
- extensions of unpaid parental leave;
- a casual employee’s request to be made a permanent employee; and
- the employee right to disconnect.
This Grievance Policy includes provisions for maintaining confidentiality on the part of the company, the workers and others involved in the investigation process. It is important that all parties involved in the investigation process understand the importance of maintaining confidentiality. Nevertheless, companies may need to refer certain matters to external authorities and law enforcement when necessary.
Considerations for employees/workers
While this Grievance Policy encourages employees/workers to resolve grievances informally by discussing the issue with the persons involved, employees/workers are not required to do so if they feel uncomfortable. Instead, employees/workers should contact human resources, a senior manager or other designated person to raise the grievance.
Employees who are covered by a modern award or enterprise agreement may be required to follow the dispute resolution process set out by that award or agreement. Similarly, employees might need to follow legislative provisions under the Fair Work Act when addressing their grievance if it falls into a specific category, such as a request for flexible working arrangements.
Does this policy require consultation with employees prior to adoption?
In Australia, some workplace policies require consultation with employees before they can be implemented by a company. This requirement is set out in legislation, awards, and enterprise agreements.
This policy may not require consultation with employees before it is implemented, but a company should consult with their employees before implementing any new or amended workplace policy as a matter of best practice, even when they are not legally required to do so.
This is a general statement. Always refer to the modern award(s) or enterprise agreement relevant to the company’s employees to determine if the company needs to consult with its employees before implementing this policy.
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