Does my workplace agreement have to include a way to fix arguments?

The situation

I have been working at a large warehouse in Melbourne, Victoria, for about eighteen months now. My employer recently introduced a new workplace determination that replaces our old arrangement. I sat down to read through the document last Tuesday night, but I am feeling quite confused about what is actually required to be in there. One thing I noticed is that while it covers my pay rate and my roster, there is absolutely no mention of what happens if my supervisor and I have a serious disagreement about how my hours are being managed or how the National Employment Standards apply to my specific role. I tried asking my manager about the process for raising a formal grievance during our team meeting on Wednesday morning, but he just brushed me off and said we should just work it out informally. I am worried that without a proper, written procedure for settling disputes included in this new document, I will have no real recourse if things go wrong. Does this new agreement legally have to include a specific section that explains how we can settle disputes regarding the agreement itself or our basic employment rights?

Detailed Analysis

Based on the details you provided about your warehouse in Melbourne, your new workplace determination is legally required to include a way to fix arguments.

According to the Fair Work Act 2009, a workplace determination (a document that sets out terms and conditions for employees) must include certain mandatory terms^[1]. Specifically, the law states that "The determination must include a term that provides a procedure for settling disputes: (a) about any matters arising under the determination; and (b) in relation to the National Employment Standards"^[1].

This means that because you are concerned about disagreements regarding your hours and how the National Employment Standards (the basic minimum entitlements for all employees in Australia) apply to your role, there should be a written process in your document to handle these issues^[1].

While your manager suggested you "just work it out informally," the law requires a formal procedure to be written into the determination unless the Fair Work Commission (the national workplace relations tribunal) is satisfied that an agreed term would meet specific standards^[1]. If the document you read on Tuesday night truly contains no mention of a dispute settlement process, it may be missing a mandatory requirement.

It is important to note that the law does not specify exactly what the procedure must look like, only that it must exist. Therefore, it is possible the procedure is buried in a section you haven't identified, or it may be missing entirely. Note that state, provincial or local law may add further rules regarding workplace safety or specific Victorian employment regulations.

Statutory Citations

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