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 421 (1995) 150 QGIG 421

420 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (22 September, 1995 !l I) ) I f. 22 September, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 421 ####################################################### Q UE ENSLAND INDUSTRIAL RELATIONS COMMISSJON Industrial Relations Act I 990 s. 147 - appl ication for variation Australian Liquor, Hospitality and Miscellaneous Workers Union , Queens land Branch, Union of Employees AND Queensland Confederation of Industry I .imited. Union of Employers and Others ( No. 8601 of/995) HOLIDA V APA RTMENTS INDUS TR IAL AGREE:\1ENT COMMISSIONER BOUGOUR£ 25 August ]995 VARIATJON TI 11S matter coming on for hearing before the Commission at Brisbane on 15 and 25 August 1995, this Commission doth order that the said Industrial Agreement be varied as follows as from the twenty-eighth day of August, 1995:- By inserting a new clause 5. 7 (TUTA Leave) as follows;- •·s.7 TlJTA Leave A union de legate or duly elected or appointed un ion representative shall, upon wr itten application by the un ion to the employer, such application being endorsed by the union and given to the employer at least two months in advance ( or such lesser per iod as mutually agreed between the union and employer), be granted up to five working days' leave (non-cumulative) on ordinary pay each calendar year to attend courses or seminars conducted by the Australian Trade Union Tra ining Authority (TUTA) or spec ific train ing courses approved and accredited by TUTA. The scope. cont ent and leve l of such courses or seminars shall be such as to contribute to a better understanding of industrial re lations within the employer's operations. Other courses mutually agreed between a union party to this Industrial Agreement and the employer, or employers, may be included under this clause. Any wr itten app li cation by a union seeking release of a de legate or representative to attend a course shall include details of the type and content of the course to be attended as well as the da tes upon which the course is proposed to be conducted. For the purposes of these provis ions 'ord inary pay' shall mean the ordinary time earnings paid to the employee exclusive of any a ll owances, penal ty rates or travelling time and fares. The granting of such leave shall be subject to the following conditions;- ( 1) The employee must have at least six months continuous service with 1he employer prior to such leave being gran ted and be the elected union delegate/representative. (2) Unless otherwise agreed the maximum number of ordinary hours of TUTA Leave which an employer shall be required to grant each year will be as follows:- Num ber of Ordinary Hours Worked 13y Employees Per Week 380 - 1900 1901 - 3800 380 I and Over Number of Ordinary Hours TUTA Leave Pe.r Calendar Year 38 76 152 (3) Where an employer has more than one place of emp loyment in Queensland then the max imum number of employees ent itled to attend a course at Uie same time shall be two. This shal l not prevent an emp loyer from agreeing to release additional employees. (4) The granting of such leave shall be subj ect to the convenience of the employer so that the operations of the enterprise will not be adversely affected. Where the employer approaches the union and demonstrates genuine difficulties with respect to the release of a particular union delegate or representative at a particular tjme (includ ing where the employer might have previously advised of 1L~ ability to release such union de legate or representative) the union will not unreasonably press its 16429_ 1.DOC -- 1 of 2 -- 422 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [22 September, 1995 request for the release of that delegate/representative at that time. If the matter is not amicably resolved, it sha ll be processed in accordance with the Dispute Settlement Procedure contained in this Industrial Agreement. (5) In granting such paid leave, the emp loyer 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. (6) Leave granted to attend such training courses wi ll no t incur any additional payment or alternate time off if such cou rse coincides with an emp loyee' s day off in a 19 day month working arrangement, or with any other concessional leave. (7) Such pa id leave will not affect other leave granted to employees under this Indust ri al Agreement. ( 8) On completion of the cou rse the employee s ha ll. upon request, provide to the employer proof of their attendance at the course. Except in the case of sick leave or autho ri sed leave, non-auendance at a train ing course will result in the emp loyee not being paid fo r such time.". Dated th is twenty-eighth day of August, I 995. By the Commission, [L.S.J R.H. BLUMSOM, Industrial Registrar. Operative Date: 28 August 1995 Variation -T UTA Leave Re leased: I 2 September I 995 ####################################################### 16429_ I.DOC 11 22 September, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 423 IIl I [ 16429_1.DOC -- 2 of 2 --