Every modern award contains a standard clause concerning the procedure to be followed where a dispute arises about a matter under the award or under the NES (clause 9).

The dispute resolution procedure involves a staged progression for disputes to be resolved, first by discussion between the employees concerned and the relevant supervisor, then if necessary with senior management, then if necessary and as a last resort, by one of the parties referring the matter to be dealt with by Fair Work Australia (utilising as necessary by consent of the parties) mediation, conciliation and consent arbitration.  At any point in the process the employer and the employees may appoint respective representatives.

The clause provides that while the dispute resolution procedure is being conducted, work must continue, subject to health and safety provisions.