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 427 (1995) 150 QGIG 420

420 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [22 September, 1995 ####################################################### Q EEN "LAND JND USTRlAL RELATIONS COMMISSION Indu strial Re lcuion s Acl I 990 s. 144 - appl icat ion for va ri ation Aus1ra li an Liquor , Hospitality and Miscellaneou Workers Union_ Queertsland Br anc h. Union or Employees AD Queensland Confederation of Indus tr y Limi1ed. Union of Employe rs and Others (No. B5iJ3 of !995) CAFE, RESTA URANT AND CA TERI. G AWARD-SOUTH -EASTERN DIVI . JO:\ COMMISSION ER BOUGOURE 25 August 1995 VARJATIO Tf-lfS maile r coming on for hearing be.fore the Commission at Brisbane on 15 and 25 Augu l 1995. thi s Commission doth order that Lh e sa id Award be varied as follows as fro m the 1wc111y-eighth day of August, 1995 :- By insening a new clause 8A (TUTA Lea ve ) as follows:- "8A. TUTA leave A union delegate or duly elecled or appoin ted union representat ive hall, upon wrillen application by the union lO tht: employer. such application being endorsed by I.he union and given 10 the employer at least two months in advance (or such less er period as mutually agreed between the uninn and cmp l oyer/s), be gran ted up to five working day s· lea e (non - cumu lative) on ordinary pa) each ca len dar year to attend courses or semmars conducted by the Austra lian Trade Union Training Authority (TUTAJ or spec ific training cou rses approved and accredited by TUTA. The scope. co ntent and level of such courses or semi.nar s shall be such as to contribute to a bett er understanding of indu tr ial re lati ons within the employer's operations . 01her courses mu tually agreed between a uJ11on party to tlus Award and the emplorer. or cmplo)'ers, ma) be included und er th is clause. An y wnuen application by a ltnion seeking release of a de lega te o, repre sentative to anend a course ,hall in clude details or the type and wntrnt of the course to be a ttended as well as the dates upon winch the course is proposed to be conduc1ed For the purposes or these provisions ' ordinary. ay ' shal l mean t he ordinary time earn in gs paid to the emp loyee exclu~ive of any allov.'lm cs . penalty ra1es or Lravell mg time and fares . The granting of such leave ,sha ll be ~ubjcct t.o th e following conditions ·- { I) The employee must ha ve at lea5t s ix months cont i nuous service with tf1c employer prior 10 s t, ch k,we be.mg granted and be the elected umon de l egate / representative. (2) Unless othcrv.·ise agreed the max imum mtrnber of ordinary hours of TUTA Leave which an ernplo 'er shaU be required 10 gran t each year will be as follows - Numi>er of Ordinary Hours Worked By Employees Per Week 380 - 190[) l90J - 3800 380 1 and Over Numt>e r of OrdiHary Hour Tlff A I.cave Per Calendar Year 38 76 I 2 16429 l.lJOC J Il 22 September, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (3 J Wh e re an employer has more than one pl ace of employment in Queensland then lhe maximum numb er of employees entitled to atlend a course at the ame Lime shall be two. This shall not prevent an employe r from agreeing to r elease add it ional employees. (4) The granting of such leave sha ll be subject lo the convenience of the employer o that 1he operations of lhe enterprise will not be adversely affec1ed . Where an employer approaches the union and demonstrates genuine difficulties with respect lo the re lease of a panicu lar union delegate or representa tive at a particular time (Lncluding where the employe r might h ave previously advised of its ability ro release such union delegate or representative) the union will not unreasonably press its reque s t for lhe release of t hat delegate/representat ive at that time . If the matter is not amicably resolved . it shal l be proce ssed in accordance w ith the Dispute Settlement Procedure coritained in this Award . (5) ln granting such paid leave, the employer is not responsible fo r any additional cosL~ except the payment ol' ex tra remuneration where relieving arrangements are instituted by the employer to cover the absence of the employee . (6) Leave granted to attend such lraining courses will not incur any additio11al p aymen t or a lternate time off if such course coincides w ith an employee ·s day off in a l 9 day month working arrangement, or wilh any other concessiom1l leave. (7) Such paid leave will not affect other leave granted lo employees under this A ward. (8) On comple ti on of the course the employee shall, upon reque st, provide lO 1he employe r proof of Lheir allendancc at the course. Except in the case of sick leave or authorised leave. non-attendance at a tra ining course will result in the employee not being paid for sL1cb time .". Dated this twenty-eighth day of August. 1995. 8~ the Commission. [LS. ] R.H . BLUMSOM. lndustr ial Registrar. Operative Date : 28 August J 995 Variauon - TUT A Leave Released: 8 September 1995 ################################################ff###### 421 -- 1 of 1 --