Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Another [1995] QIRC 484 (1995) 150 QGIG 764

764 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE ll3 October, 1995 ####################################################### QUEENSLAND INDUSTRJAL RELATIONS COMMISSION Industrial Relations Ac1 1990 s. 144 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers U ni on, Queensland Branch, Union of Employees AND Queensla nd Confederation of Industry Limited. Union of Employers and Another (No. B7 68 of 1995) FUN ERAL S ERVICES AWARD - STATE COMMISSIONER DEMPSEY I August 1995 VARIATION TH IS matter coming on fo r hearing before the Commission at Brisbane on 24 May and I August 1995 this Commission doth order that th e said Award be varied by consent as fo llows as from the first day of August, 1995:- By inserting a new clause I0A (TUTA Leave) as follows:- ' T UTA Leave I 0A. A un ion delegate or duly elect ed or appo inted union rep resentative shall, upon written application by the union to the employer, such application being endorsed by the union and given to the em pl oyer at lea~, two months in advance ( or such lesser period as mutually agreed between the union and the cmployer/s), be granted up to five working days' leave (non-cumulative) on o rd inary pay each calendar year to attend courses or seminars conducted by the Australian Trade Un ion Training Authority (TUTA) or specific training courses approved and accred ited by TU TA. The sco pe, con1enl and level of such courses or seminars shall be such as to contribute to a better understanding of industrial re lations within the employcr·s operations. Other courses mutually agreed between a union party to th is Award and an employer, or employers, may be inc luded under th is clause. Any written application by a union seeking release of a delegate or r epresenta ti ve to attend a course shall include details of the type and content of the course to be allended as well as the dates upon which the course is proposed to be conducted. For the purposes of these provisions ' ordinary pay' sha ll mean the ordinary time eamings pa id to the employee exclusive of any allowances, penalty rates or trave ll ing time and fa res. The granting of such leave shall be subject to the following condi tions: (I) The emp loyee must have at least twe lve (12) months continuous service with the employer prior to such leave being granted and be the elected union delegate/represenlative. ( 2) This clause shall not apply to an employer with less than I 0 employees bound by this Award. (3) Unless otherwise agreed the maximum number of employees of one and the same employer attend ing a training course or seminar each year wi ll be as follows: Where th e employer employs be tween I 0 - 50 employees Where the employer employs be tween 5 I - I 00 empl oyees Where the employer em pl oys over I 00 employees I 2 4 (4) Where an employer has more than one pl ace 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 re lease additiona l employees. (5) Where practicable th e leave should co incide with the industry's quieter months, name ly March, April, early May, September, October and early November. Notwithstanding the above, th.e granting of such leave shall be subject to the convenience of the employer so that the operations of the enterprise will not be adversely a ffected. Where an employer approaches the un ion and demonstrates genuine difficulties with re spect to the release of a panicular union delegate or representative al a particular time (including where the employer might have previously adv ised of its ability to release s uch union delegate or representative) the union will not unreasonably press its request for the release of that de legate/rep re sentative at that time. If the matter is not amicably re so lved , it shall be processed in accordance with the Dispute Settlement Procedure contained in this Award. Employees may be supplied with eme rgency contact devices so that in the case of any emergency or unforseen s ituations they can be interrupted from the training leave. (6) In granting such paid leave, the emp loyer is not respons ible for any additional costs except the payment of extra remuneration where relieving arrangemenl~ are instituted by the employer to cover the absence of the employee. (7) 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 I 9 day month work ing arrangement, or with any other concessional leave. (8) Such paid leave will not affect other leave g ranted to employees under this Award. (9) On completion o f the course the employee shall , upon request, provide to the employer proof of their attendance at the course. Except in the case o f sick leave or other authori sed leave, non-attendance at a training course wi ll result in the employee not being paid fo r such time.". Dated lhis first day of August, I 995. By the Commiss ion, [L.S.] R. H. BLUMSOM, Industrial Registrar. Operative Date: I August 1995 Variation - TUT A Leave Re leased: 2 October 1995 1667 1_ 1.DOC \ 13 October, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 765 r I• \ -- 1 of 1 --