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 446 (1995) 150 QGIG 497

496 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [29 September, 1995 29 September, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 497 ############tf#########l#l#####ll#/1####################### QUEFNSLAND INOUSTRJAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 144 applicahon for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch. Union ofEmplo}ce; AND Queensland Confederation of Industry Limited. Union of Employers and Others (No. B603 of /995) ~IOT E L l~D USTR Y AWARD -S Ot:T IIERN DI\- ISION (.:ASTERN DI STRICT) COMMISSIONER BOUGOl.iRL 25 August 1995 VARIATION THIS matter coming on for heanng 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 ne\, clause 148 ( flITA Lea\e) as foll0\\~ ;- " 148. TUT A Le ave A Union Delegate or dul} elected or appointed union representative shall, upon written application by the Union lo the employer, such application being endorsed by the Union and given to the employer at least t¼0 months 1n advance (or such lesser period as mutuall.> agreed beh,een the Union and emplo}er's), be granted up lo five \\Orking days' leave (non-cumulative) on ordmary pay each calendar year to attend courses or seminars conducted by the Australian l'rade Union Training Authority (TUTA ) or specific training courses approved and accredited b} TUTA. The scope. content and level of such courses or seminm shall be such as to contribute to a better understanding of industrial relations within the employer's operations Other courses mutually agreed between a Union part) to this Award and an employer, or employers, may be included under this clause. An) wntten apphcauon by a union seekmg release of a delegate or representative to attend a course shall include details of the type and content of the course to be attended as well as the dates upon \\hich the course is proposed to be conducted For the purposes of these provisions 'ordinary pay' sh all mean tJ1c ordinary time eamings paid to the employee exclusive of any allowances. pcnalt} rates or tra\ elhng time and fares The granting of such leave sha ll be subject to the following conditions: (I) The employee must ha~e at least s,, months conunuous SCI'\ 1cc with the employer pn or to such leave being granted and be the elected Union dt:lcgate/reprcscntative. (2) t.'nless othern1se agreed the maximum number of ordinan hours of TUT/\ Leave \\h1 ch an employer shall be required to grant each year will be as follows: 16499 I DOC -- 1 of 2 -- 498 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [29 September, 1995 Number of Ordinary Hours Worked by Employees Per Week 380-1900 1901 - 3800 380 l and Over Number of Ordinary Hours TUTA Leave Per Calendar Year 38 76 152 (3) 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 two. This shall not prevent an employer from agreeing to release additional employees. (4) The granting of such leave shall be subject Lo the convenience of the employer so that the operations of the Enterprise will not be adversely affected. Where an employer approaches the Union and demonstrates genuine difficu lt ies with respect to the release of a particular Union Delegate or representative at a particular lime (including where the employer might have previously advised of its ability to release such Union Delegate or representative) the Union will not unreasonably press its request for the release of that Delegate/representative at that time. If the matter is not amicably resolved, it shall be processed in accordance with the Dispute Settlement Procedure contained in this Award. (5) ln granting such paid leave, the employer 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 lo attend such training courses will not incur any additional payment or alternate Lime off if such course coincides with an employee's day off in a 19 day month working arrangement, or with any other concessional leave. (7) Such paid leave will not affect other leave granted to employees under this Award. (8) On.., completion of the course the employee shall, upon request, provide to the employer proof of their attendance at the course. Except in the ease of sick leave or other authorised leave, non-attendance at a training course will result in the employee not being paid for such time.". Dated l11is twenty-eighth day of August, 1995 . By the Commission, [L.S.] R.H. BLUMSOM, Industrial Registrar. Operative Date: 28 August 1995 Variation - TUTA Leave Released: 13 September 1995 16499_1.DOC 29 September, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 499 -- 2 of 2 --