Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Others [1995] QIRC 602 (1995) 150 QGIG 1267

1266 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (17 November, 1995 17 November, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1267 ####################################################### QUl::ENSLAND INDUSTRIAL RELATIONS COMMISSION lnduslrial Re/a/ions Acr I 990 s . 144 - application fo r variat ion Australian Liquor, Hospitality and Miscellaneous Workers Un ion, Queensland Branch, Union of Emp loyees AND Queens land Confederation of Industry Limited, Union of Emp loyers and Others (No 8 769ofl995) CHILO CA R£ INDUS TR Y AWAR D -STA TE COMMISSION ER NU1TER I I October I 99 5 VARIATION THIS matter coming on for hearing before the Commission at Br isbane on 15 June , 11 and 18 September and 11 Oct ober, 1995, th is Commission doth order that the said Award be varied as follows as from the eleventh day of October, 1995:- By insening a new clause 5.6 (Industrial Relations Training Leave) as follows: "5.6 Indu st ri a l Rel at ions Tra inin g L eave (I ) Upon written application by an employee. or the Union on beha lf of the emp loyee, to an employer and g iving to the employer at least two month ' s notice. such emp loyee shall be granted up to five working days leave (non-cumulative) on ordinary pay, each calendar year, to attend cou rses and/ or seminars conducted or approved by the Australian Trade Union T raining Authority (TUTAJ. Other courses, no t conducted or approved by the TUT A but which are agreed between a Un ion party to this Award and an employer, or emp loyers, may be included under this c lause. For the purposes of this clause, ordinary pay shall mean at the ordinary weekly rate pa id to the emp loyee exc lusive of any disab il ity allowances, pena lty rates or travell ing time and fares. (2) The granting of such leave sha ll be subject to the following cond itions: (a) An employee must have ai least s ix months cont inuou s serv ice with an employer prior to such leave being granted. (b) This clause shall not apply to an emp loye r with less than nine full - ti me equival ent employees bound by this Award. (c) The maximum number of employees at any one place of employment of one and the same emp loyer attending a training course or seminar each calendar year will be as follows: Where the employer employs between 9 and 30 employees I Where the employer employees in excess of 30 employees 2 (d) Where an employer has more than one place of employment in Queens land then the max imum number of emp loyees entitled to attend a course at the same time shall be two. This sha ll not stop an emp loyer from agree ing to release additiona l emp loyees. (e) The grant ing of such leave sha ll be subject to the reasonable convenience of the employer so that the operations of the enterprise will no t be adversely affected. Where an employer approaches the union and demonstrates genuine difficulties with respect to the re lease of a particular employee at a particu lar time (including where the emp loyer has prev ious ly advised of its abi li ty to release such emp loyee) the union will not unnecessar il y pr ess its request for the releas e of that emp loyee at tha t time. If the matter is not amicably reso lved, it sha ll be processed in accordance wi th the Grievance Procedure contained in this Award. (f) The scope, content and level of the course shall be such as to contribute to a better understand ing of industrial relations, industria l efficiency and workp lace issues with in the employer's operations. (g) In granting such paid leave the employer is not responsible for any addit ional costs except the payment of extra remuneration where relieving arrangements are instituted to cover t he absence of the employee. (h) Leave granted to attend tra ining cou rses wi ll not incur additional payment if such course coinc ided with an emp loyee's roster ed day off or with any concessional leave. ( i) The taking of training leave will not affect other leave granted to employees under this Award , nor shall it adversely affect the employee 's service for the calculation of leave entitlements . (j) On completion of the course the employee sha ll , upon request, provide tot he employer proof of attendance at the course. Except in the case of sick leave or other aut horised leave, non-attendance at a training course 17085_1.DOC j -- 1 of 2 -- 1268 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 17 November, 1995 will result in t he employer not be in g paid for such time .". Dated th is eleventh day of October, 1995 . By the Com mi ssion, [L S .) K. B. JONES, Acting Industrial Regist rar. Operative Date: I J October 1995 Va ri ation - Indust ria l Relations Training Leave Released: 8 November 1995 ############################################ ########### 17085 _ 1.DOC f 17 November, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1269 -- 2 of 2 --