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 352 (1995) 149 QGIG 1268

1268 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [25 August, 1995 ###########################1#1########################## QUEENSLAND INDUSTRIAL RELATIONS COM MISSION Industrial Relations AC! /990 s. 144 - application for variation Australian Liquor. Hospitality and Misce llaneous Workers Union. Queensland Branch, Union of Employees AND Queensland Confederation of Industry Limited, Union of Employers and Others {No. 8698 of 1995) J EWELLER S AN D WATC HMAK ERS AWARD -STATE COMMISSIONER EDWARDS 26 July 1995 VARIATI ON THIS matter coming on for hearing before the Commission at Brisbane on 25 May and 26 July 1995, this Commission doth order that the said Award be varied as follows as from the thirty-first day of Ju ly, 1995:- By inserting a new clause 15A (TUT A Leave) as fol lows:- "TlJTA Leal'e 15A(l) This clause shall not apply LO a shop where less than 380 ordinary hours per week are worked under this Award. (2) A union delegate o r duly-elected or appointed union representative sha ll , upon written app lication by a union in respect of which that a person is a member, be:: granted up to five days leave with pay each calendar year, non- cumulative, lo allend courses conducted or approved by the Australian T rade Union Training Authority (TUTA) which are designed to promote good industrial relations efficiency in th e retail industry. The union parties respondent to this Award which intend to offer courses that qualify under this clause shall adv.ise each of the employer associ ations respondent to this Award of the details of such courses al least three months prior to their proposed conduct. Other courses, not conducted or approved by TUTA but which are agreed between a union party to this Award and an employer, or employers, may be included under t hi s clause. Any written application by a union seeking release of a delegate or representative to attend a course sha ll include details of the type and content of the course to be auended as well as the dates upon which the course is proposed to be conduct ed . Such application shall be made not less than s ix weeks before the intended course. or such lesser period as may be agreed between the employer, the union and the employee concerned. (3) Each employer so approached by wTitten application by the union sh all respond to such application within fourteen days of receipt of such application by adv is ing whether the request for rel ease of the union delegate or representation is agreed lo or otherwise. If the request is not agreed to the employer shall state the reasons for such rejection. If the union making the approach does not accept th e reasons for rejection as communicated to it by the employer the rejection may be processed as a dispute pursuant to clause 20A (Dispute Seuling Proced ure) of this Award. (4) Only employees who have completed six months of continuous service with their current employer shall be eligible for leave under th is clause. In the case where an employee has more than s ix months co ntinuous service with the employer but is employed in a shop which has not been open for more than six months the employer shall not be required to grant leave during the first six months of such new shop' s operation. (5) Subject to other requirements of this clause the taking of leave (10 be known as T UT A Leave) shall be arranged so as to minimise any adverse affect on the emp loyer's operation. Where an employer approaches the union and demonstrates genuine difficulties with respect to the release of a particular union delegate or representative a particular time (including where the emp loyer might have previously advised of its abili ty 10 release such union delegate or representative) the union will not unreasonably press its request for the release of that delegate/representative at that time. lf the matter is not amicably resolved it shall be processed as a dispute pursuant to clause 20A (Dispute Settling Procedure) of this Award. (6) The maximum number of ordinary hours of TUTA Leave which an e mployer shall be required to grant at each shop within any calendar year shall be as follows:- No. of ordinary hours worked at a shop Per Week A 380 up to I 140 ho urs B 11 4 1 upto2280hours C 228 1 up 10 3800 hours D more th an 3800 h ou rs No. of ordinary hours l eave Per Calendar Year 38 hours 76 hours I 14 hours 152 hours (7) Al each shop the maximum number of employees at.tending a co urse at lhe same time shall be one in category A or two in categories B. C or D. This shall not stop an employer from agreeing LO release additional employees. (8) Leave of absence granted pursuant to this clause shall count as service for all purposes of the Award. (9) Each employee on TUT A Leave in accordance with this clause shall be paid all ordinary time earnings which such employee would have been pa id had the employee not be absent on s uch TUTA Leave. ( I 0) The emp loyer shall not incur any liability wi th respect to the costs o f trave l lo and from the place where the courses are conducted, not to any accommodation and associated costs during such leave. ( 11 ) No addi ti onal liability shall be incurred by the emp loyer should the course attended by an employee coincide with any other paid leave arising under this Award. ( 12) On completion of the course the employer shall be provided with proof of attendance at th e course and infonnation on the nature of the course. 16165_1.DOC 25 August, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETT E ( 13 ) In the event that a scheduled rostered day off, resu lting from a work arrangement established in accordance wi th this Award, an Industrial Agreement or a Certified Agreement, falls within a period of TUTA Leave approved pursuant to this clause, no alternative day off shall be substituted in lieu. (1 4) Should an emp loyee granted TUTA Leave pursuant to this clause fail to attend the nominated course or any part thereof, the employer shall be notified by the employee or union within twenty-four hours or as soon as practicable, and no payment is to be made by the employer pursuant lo this clause in respect of such TUTA Leave for the period of non -attendance by the emp loyee concerned. (15) In dctennining the term 'year' or 'calendar year' such reference shal I be deemed to re late to the period between I January and 31 December each year. ( 16) A regi ster shall be kept by the Union de tailing the attendance o f employees al various courses. If TUT A keeps such a public register this subclausc shall not apply.". Dated this twenty-sixth day of Jul y, 1995. By the Commission, [L.S.) R.H. BLUMSOM, Industrial Registrar. Operative Date: 31 July 1995 Variation - TUTA Leave Released: 10 August 1995 ######################## ############################### )269 16165_1.DOC -- 1 of 1 --