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 613 (1995) 150 QGIG 1282

1282 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 17 November, 1995 ############################### ######################## QUEENSLAND INDUSTRIAL RELATIONS COMMISSI ON /nd11 s1ria/ Relations Act 1990 s I 44 - applica ti on for variat ion Australian Liquor, Hospitality and Miscellaneous Workers Union. Queensland Branch, Union of Employees AND Queensland Confederation of Industry Limited, Union of Employers and Others (No. B766 of 1995) KINDERG ART EN TEACHERS AWARD-STATE COMMISSIONER NUTTER 11 October 1995 VARIATION TillS mal! er coming on for hearing before the Commission at Br isbane on I 5 June, 11 and 18 September and 11 October, 1995, this Commission doth order that the said Award be va ri ed as follows as from the eleventh day of October, 1995:- By in serting a new clause 18A (Industrial Re lations Training Leave) as follows: " Industrial Rel at ions Trainin g Leave l 8A(l) Upon written application by an employee, or the Union on behalf of the employee, to an employer and giving to the employer at least t wo month's notice, such employee sha ll be grant ed up to five working days leave (non-cumulative) on ordinary pay. each ca lendar year, to attend courses and/or seminars conducted or approved by the Australian Trade Union Training Authority (TUT A) . Other courses, not conducted or appro ved by the TUT A but which are agreed between a Un ion party to this Award and an employer, or employers, may be included under this clause. For the purposes of this clause, ordinary pay shall mean at the ordinary week ly rate paid to the employee exclusive of a ny disability allowances, penalty rates or travelling time and fares. (2) Th.: gran ti ng of such leave shall be subject to the following conditions: (a) An employee must have at least six months continuous service with an employer prior to such leave being granted. (b) This clause shall not app ly to an employer with less than nine full-time equivalent employees bound by th is Award. (c) The maximum number of employees at any one place of employment of one and the same employer attend ing a training course or seminar each calendar year wi ll be as follows: Where the employer employs between 9 and 30 employees I ·where the employer employees in excess of30 employees 2 (d) Where an employer has more than one place of employment in Queensland then the maximum number of employees entitled to attend a course at the same time shall be t wo . This shall not stop an employer from agreeing to release additional employees. (e) The granting of such leave shall be subject to the reasonab le convenience of the employer so that the operat io ns of the enterprise wi ll not be adversely affected. Where an em pl oyer approaches the un ion and demonstrates genuine difficult ies with respect to the release of a particular employee at a particular time (including where the employer has previously advised of its abil ity to release such employee) the un ion wi ll not unnecessaril y press its request for the release of that employee at that time. If the matter is not amicab ly resolved, it sh al l be processed in accordance wi th the Grievance Procedure contained in this Award. ( t) The scope, content and level of the course shall be such as to contribute to a better unde rstanding of in du strial relations, industrial efficiency and wo rkplace issues within the em pl oyer's operations. (g) In granting such pa id leave the employer is not responsible for any add itional costs except the paymen t of extra remuneration where re li eving arrangements are instituted to cover the absence of the employee. (h) Leave granted to attend training courses w il l not incur ad ditional paymen t if such course coinc id ed wi th an employee's rostered day off or with any concessional leave. (i) The taking of training leave w ill not affect other leave granted to employees under th is Award. nor shall it adverse ly 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 cou rse. Except in the case of sick leave or other authorised leave, non -attendance at a train ing course will result in the employer not be ing paid for such time.''. Dated th is eleventh day of October, 1995 . By lhe Commission, (L.S.) K.B. JONES. Acting Industrial Registrar. Operative Date: 11 Octohcr 1995 Variation - Industrial Relations Training Leave. TCR Re leased: 8 November 1995 ####################################################### 17085_1.DOC r 17 November, 1995) QUEENSLAND GOVERNMENT INDU ST RIAL GAZETTE 1283 17085_ 1.DOC -- 1 of 1 --