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 439 (1995) 150 QGIG 491

490 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (29 September, 1995 29 September, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 491 155836-3 4 ####################################################### QUEENSLAND INDUSTRJAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 144 - application for variation Australian Liquor. Hospitaht} and Miscellaneous Worl..ers Union. Queensland Branch, Union ofEmplo}ees AND Queensland Confederauon of lndusll) Limited. Union ofEmplO)'ers and Others (No. B.59.5 of 199.5) O:'I.TRACT CATE RJ G A~ D 1:-,, 0 ST RlAL SERVICES A WA RD - SOUTH-EASTERN DI STRI CT COMMISSIONER BOUGOURE 25 August 1995 VARIATION THJS matter coming on for hearing before the Commission at Brisbane on 15 and 25 August, 1995, this Commission doth order that the said Award be varied as follows as from 28 August, 1995 :- By inserting a nc" clause 128 (TUTA Leave) as follows - " 12B. TiffA Ln vt A Union Delegate or duly elected or appointed Union representatJ"c shall, upon "Tinen application b) the Union to the emplo)'er, such application being endorsed by the Union and gi-..en to the employer at least two months in advance (or such lesser period as mutually agreed between the Union and employer/s), be granted up to fhc working days· leave (non-ctm1ula11"e) on ord1n31} pay each calendar year to attend courses or seminars conducted by the Australian Trade Union Training Authority (TUTA) or specific training courses approved and accredited by TUTA. The scope. content and level of such courses or seminars shall be such as to contribute to a better understanding of industnal relations \l-1thin the employer's operations. 16499 I.DOC ...... -- 1 of 2 -- 492 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [29 September, 1995 Other courses mutually agreed between a Union party lo this A\\ard and an emplo)er. or cmplo)ers, may be included under this clause. An y written application by a union seeking release of a delegate or representative to attend a cour..e shall include details of the t) pc and content of the course to be auended as \\CII as the dates upon \\hich the cour~ is proposed to be conducted. Dated this twenl)-eighlh da) of August 1995. By the Comm1ss1on, {l .S.] R II BLUMSOM. Industrial Registrar. Opcrath c Date. 28 August 1995 Variation - TUT A Leave For the purposes of these provisions •ordinary pay' shall mean the ordinar} time earnings paid to the cmplo.)-eC exclusive of an) allowances. penally rates or travelling time and fares. Released: 13 September 1995 ########################/fflffl######/##1################## The granting of such le av e shall be subJeet to the following condiuons: ( I) The emp lo yee must have at least six months contmuous \erv1cc "ith the emplo)er prior to such lea"c being granted and be the elected Union dclegate/reprcsentati, e. (2) Unless otherwise agreed the maximum number of ordinary hours ofTUTA Lea,c ,\h1cb an emplo)ier sha ll be required to grant each year w1 II be as follO\\ s: Number of Ord,nary Hours Wor\.td by Empl oyees Per Week 380-1900 1901-3800 3301 ..nd 0-et Number of Ordinary Hours 11.,'TA Leave Per Calendar Yeat 38 76 ISl (3) \\'hen: an cmplO)Cr has more than one place of employment m Queensland then the maA1mum number of emplo}ces entitled to atteod a cour.c at the same time shall be two. This shall not prevent an emplo}cr from agreemg to release additional employees. (4) n1e granting of such leave shall be subJect to the con, enieace of the emplo} er . o that the operations of the Entcrpmc W1 II not be adverse!} affected. Where an emplo}'er approaches the Union and demonstrates genuine difliculties with respect lo the release of a particular Lmon Delegate or representau,e at a particular umc (including where the employer might have previously ad, 1sed of its abiht) to reltbt such Union Delegate or representative) the Union will nol unreasonably press its request for the release of that Delegate/representative at that time. If the matter 1s not am1cabl} resolved. 11 shall be processed in accordance with the Dispute Settlement Procedure contamed m this Award (5) ln granting such p:ud lea,e, the emplo)icr is not responsible for any additional costs except the payment of extra remunerauon \\here relie, mg arrangements are instituted by the employer 10 cover the absence of the emplo}ce. (6) Leave granted to attend such traimng courses \\Ill not mcur any additional p aym1:nt or alternate time off if such course coincides \\lth an employee's da} off m a 19 da} month working arrangement, or with any other concessional leave. (7) Such patd leave will not affect other leave granted 10 cmplo}ees under this A,,ard (8) On completion of the course the employee shall. upon request. pro, 1de to the emplo) er proof of their attendance a1 the course. Except in the case of sick leave or other authonsed lca,e, non-attendance at a tnining course will result in the employee not being paid for such ume.". 16499 I DOC 29 September, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 493 -- 2 of 2 --