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 443 (1995) 150 QGIG 494

494 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [29 September, 1995 ####################################################### QUEENSLAND fNDUSTRlAL RELA TTONS COMMISSION lnduslrial Re/a/ions Acr I 990 s. 144 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Uni on of Employees AND Queensland Confederation of Industry Limited, Union of Employers and Others (No. B602 of 1995) HOTELS, RESORTS AND ACC OMMO DATI ON INDUSTRY AWARD - SOUTH-EASTERN DIV ISION COMMISSIONER BOUGOURE 25 August 1995 YARlATION TH.IS 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 new clause 148 (TUTA Leave) as foll ows:- "148. TUTA Leave A Un ion Delegate or duly elected or appointed Un ion representative shall, upon \~Titten application by the Union to the employer, such application being endorsed by the Union and given 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 five working days ' leave (non-cumulative) on ordinary pay each calendar year to attend courses or seminars conducted by the Australi an Trade Un ion Training Authority (TUTA) or specific training courses approved and accredit ed by TUTA. The scope, content and level of such courses or seminars 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 party to this Award and an employer, or employers, may be included under this clause. Any written application by a union seeking 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 which the course is proposed to be conducted_ For th e purposes of these provisions 'ordinary pay' shall mean the ordinary time earnings paid to the employee exclusive of any allowances, penalty rates or travelling time and fares. The granting of such leave shall be subject to the following conditions: (I) The employee must have at least six months continuous service with the employer prior to such leave being granted and be the elected Uni on delegate/representative. (2) Un less otherwise agreed the maximum number of ordinary hours of TUTA Leave which an employer sh all be required to grant each year wi ll be as follows: 16499_ 1.DOC 29 September, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Number of Ordinary Hours Worked by Employees Per Week 380-1900 1901 -3800 380 I and Over Number of Ordinary Hours TIJTA 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 to 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 difficulties with respect to the relea~e of a particular Union Delegate or representative at a particular time (including where the employer might have previously advised of its abi lity 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 sha ll be processed in accordance with the Dispute Settlement Procedure contained in this Award. (5) In granting such paid leave, the employer is not responsib le 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 su ch training courses will not incur any additional payment or alternate time 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 re qu est: provide to the employ.er proof of their attendance at the course. Except in the case of sick leave or other authorised leave, non-attendan ce at a training course will result in the employee not being paid fo r such time.". Dated this twenty-eighth day of August, 1995. By the Commission, [L.S.] R.H. BLUMSOM, Industrial Registrar. Operative Date: 28 August I 995 Variation - TUTA Leave Released: 13 September 19 95 495 16499_1.DOC -- 1 of 1 --