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 447 (1995) 150 QGIG 498

498 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [29 September, 1995 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1990 s. 144 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Queensland Confederation oflndustry Limited, Union of Employers and Others (No. 8604 of 1995) MOTEL INDUSTRY AWARD - SOUTHERN DIVISION (EASTERN DISTRICT) Accommodation Industry INDUSTRIAL AGREEMENT COMMISSIONER BOUGOURE VARIATION 25 August I 995 THIS matter coming on for hearing before the Commission at Brisbane on 15 and 25 August, 1995 , this Commiss ion doth order that the said Industrial Agreement be varied as follows as from 28 August, 1995 :- By inserting a new clause 3A (TUTA Leave) as follows:- "3 A. TUTA Leave A Union Delegate or duly elected or appointed Union representative shall, upon written 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 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 industrial relations within the employer ' s operations. Other courses mutually agreed between a Union party to this Industrial Agreement 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 the purposes of these provisions ' ordinary pay' shall mean the ordinary time earnings paid to the employee exclusive of any al lowances, penalty rates or travelling time and fares . The granting of such leave shall be subject to the following conditions: (J) The employee must have at least six months continuous service with the employer prior to such leave being granted and be the elected Union delegate/representative. 16499_1.DOC 29 September, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (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: Number of Ordinary Hours Worked by Employees Per Week 380- 1900 1901-3800 380 I 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. TI1is 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 affe.cted. Where an employer approaches the Union and demonstrates genuine difficulties with respect to the release of a particular Union Delegate or representative at a particular time (including where the employer might have previously advised of iL~ ability to release such Un ion 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 Industrial Agreement. (5) In 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 absefice of the employee. (6) Leave granted to attend such 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 Industrial Agreement. (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 case 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 this twenty-eighth day of August, I995. By the Commission, [L.S.] R.H. BLUMSOM, Industrial Registrar. Operative Date: 28 August 1995 Variation - TUT A Leave Released: 13 September 1995 499 -- 1 of 1 --