Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers & Ors [2005] QIRC 146 (2005) 180 QGIG 756

[Extract from Queensland Government Industrial Gazette, dated 2 December, 2005, Vol. 180, No.18, pages 947-948] QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 – s. 125 – application for amendment Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland AND Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers and Others (B/2005/794) ENGINEERING AWARD – STATE 2002 COMMISSIONER BROWN 13 October 2005 AMENDMENT THIS matter coming on for hearing before the Commission at Brisbane on 1 September 2005, this Commission orders that the said Award be amended as follows as from 1 November 2005: 1. By deleting Part 11 of clause 1.2 and inserting the following in lieu thereof: “PART 11 – AWARD COMPLIANCE AND UNION RELATED MATTERS Right of entry .........................................................................................................................................................11.1 Time and wages record ..........................................................................................................................................11.2 Union encouragement ............................................................................................................................................11.3 Posting of Award ...................................................................................................................................................11.4 Trade union training leave .....................................................................................................................................11.5”. 2. By inserting a new clause 11.5 as follows: “11.5 Trade union training leave 11.5.1 A Union delegate or duly elected or appointed Union representative shall, upon written application by the Union to the employer, such application being endorsed by the Union and given to the employer at least 6 weeks in advance (or such lesser period as mutually agreed between the Union and employer/s), be granted up to 5 working days’ leave (non-cumulative) on ordinary pay each calendar year to attend courses or seminars conducted by the Union or specific training courses approved and accredited by the Union. The scope, content and level of such courses or seminars shall be such as to contribute to a better understanding of industrial relations within the employer’s operations. 11.5.2 Other courses mutually agreed between the Union and an employer, or employers, may be included under clause 11.5.1. 11.5.3 Any written application by the Union seeking release of a delegate or representative to attend a course shall include details of the type and content of the course to be attended as well as the dates upon which the course is proposed to be conducted. The written application by the Union will direct the employer to clause 11.5 and to the requirement to respond to such request within 14 days in accordance with clause 11.5.5(d). 11.5.4 For the purposes of clause 11.5 “ordinary pay” means the ordinary weekly rate paid to the employee exclusive of any allowances or penalty rates for travelling time, fares, shift work or overtime. 11.5.5 The granting of such leave shall be subject to the following conditions: (a) the employee must have at least 6 months’ continuous service with the employer prior to such leave being granted and be an elected Union delegate/representative; (b) unless otherwise agreed the maximum number of ordinary hours of trade union training leave which an employer shall be required to grant each year will be as follows: No. of employees engaged pursuant to this Award No. of ordinary hours trade union training leave per calendar year Maximum absence at one time Up to 15 16 up to 30 31 up to 50 51 or more 38 hours 76 hours 114 hours 152 hours 1 2 3 4 -- 1 of 2 -- 2 (c) the granting of such leave shall be subject to the convenience of the employer so that the operations of the enterprise will not be adversely affected; (d) the employer shall advise the Union within 14 days whether the application for trade union training leave has been agreed or otherwise. If the request is not agreed to, the employer shall state the reasons for such rejection. (e) if the Union does not accept the reasons for rejection provided by the employer, any dispute will be resolved in accordance with the grievance and dispute settling procedure at clause 3.1. (f) in granting such paid leave, the employer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangements are instituted by the employer to cover the absence of the employee; (g) leave granted to attend such training courses will not incur any additional payment or alternate time off if such course coincides with an employee's rostered day off; (h) such paid leave will not affect other leave granted to employees under this Award; and (i) on completion of the course the employee shall, upon request, provide to the employer proof of their attendance at the course. Except in the case of sick leave or other authorised leave, non-attendance at a training course will result in the employee not being paid for such time. 11.5.6 Clause 11.5 shall not apply to an employer that employs employees, whether under this Award or not, working a total of fewer than 190 hours per week, excluding overtime.”. Dated 13 October 2005. By the Commission, [L.S.] G.D. SAVILL, Industrial Registrar. Operative Date: 1 November 2005 Amendment – Trade union training leave Released: 17 November 2005 Government Printer, Queensland The State of Queensland 2005. -- 2 of 2 --