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 343 (1995) 149 QGIG 1261

1260 QUEENSLAND G OVERNM ENT INDUSTRI AL GAZETTE [25 August, 1995 25 August, 1995] QUEENSLAND GOVERNMENT IN DUS TRIA L GAZETTE 1261 #################11##################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION l11dustrial Re/Cl/ions Act 1990 s. 144 - appl ication for variation Australian Liquor. I lospitality and Miscellaneous Wo rkers Union. Queensland Branch. Union of Employee, AND Queensland Confederat io n of Industry Limited. Union of Emp loy ers and Others (;Vo . 8686 of 1995) BE AF l' Y TI-I ER APY l:\OllSTRY AWA RD - STATE COMMISSIONER EDWARDS 26 J\lly 1995 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 25 May, 4 and 26 Jul y 1995, this Commission d oth order th at the said Award be varied as follows as from the thirty-ftrst day of July. 1995 :- By in serting a new clause 2 3/\ (TUT A Le ave) as fo ll ows:- "Tl:TA Lea ve 23A. /\ Un io n delegate or du ly dected or appo inted Union represen tative shall, upon written application by the Union to the employer, such application being endorsed by the Union and given to th e employer at least two months in advance (or such lesser period as mu tually agreed between th e union and employer/s), be granted up lo live working days· leave (non-cumulative) on ordinary pay each calendar year to attend c-ourses or seminars conducted by the Australian Trade Union Training Autho ri ty (TUTA) or specific training courses ap proved 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 employe r's operations. Other courses mutually agreed between a Union party to th is A ward and an employer, or employers. may be in cluded under lh is clause. Any written application by a un ion seeking release of a delegate or representative to attend a course sha ll include details of the type and con tent of the course to be attended as well as th e dates upon which the course is proposed to be conducted. For the purposes of these provisions ·ordinary pay' shall mean the ordinary ti me earnings pa id to th e employee excl usi ve of any allowances, penalty rates or travell ing time and fa res . The granting of such leave shall be subje ct to t he followi ng cond it ions:- ( I) The employee must have at leas t twelve (12) months con t inu ous service with th t: employer prior lo such leave being granted and be th e elected Union delegate/representative. (2) Unless otherwise agreed the maximum number of em ployees of one and the same employer attending a train ing course or sem ina r each year wil l be as fol lows:- Whcre the employer emp loys between I O - 50 employees W he re the em ployer emp loys be! ween 51 -- IOO employees 2 \Vherc the employer emp loys over I 00 c rn plo yccs 4 (3) Where an employer has more than one place of employment in Queensland then the maximum num ber of e mp loyees ent it le d to a11end a course at the same time shall be two. This sha ll not prevent an em pl oyer from agreeing to release additional employees. (4) T iu; granting of such leave sha ll he subject 10 t he co nv enience of the employer so that the operntio n~ of t he En terp ri se will n ot be ad,erse ly affected. Where an employer approache.s the un ion and demonstrates gen ui ne difficulties with re spect to the release of a particular un io n delegate or representative at a particular li me (i ncludi ng where the employer might have previous ly advised of its abi li ty to re lease such union de legate or representa ti ve) the union will not unreasonably press its request for t he rel ease of that delegate/representati ve at 1h al time. If the matter is not amicab ly res ol ved, it sha ll be processed in accordance 16 165_1. DOC -- 1 of 2 -- 1262 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE with the Dispute Settle mc.nt Procedure;; contai ned in this Award. (5) In granting such paid leave. t he <.:mployer is not re sponsi bl e fo r any add it ional costs except the payment of extra remunerat ion where relieving arrangements are insti tu ted by the employer !◊ cover the absence of th e employee. (6 i I.cave gran ted to attend such training cou rst:s will not incu r any ad di ti onal pay ment or al ternate Li me off if such course coincides with an employee ·s day off in a 19 day mo nth wor ki ng arrangemen t. or with an) o ther concessional leave. (7) Such pa id leave will n (II affect o th er leave gran ted t0 emp lo yees under this Award. ( 8) On co mpleti on of t he course the e mployee shall. up on request. provide Lo th e employer proof ol' 1heir allcndance at th e course. Exce pt in t he ca~e of si ck leave or other au th orised leave. non-attendanct: at a t rai ni ng course wi ll res u lt in t he employee not being p:i id for such time.' '. Dated this twenty-sixth Jay of.July. 1995 . By the Commission. [L.S.I R.H. BLUMSOM. Indus trial Registrar. Operative Date: 3 1 July 1995 Variation -· TUTA l.ca\·c Rt: leased: I0 Aug us 1 1995 ##################################################### ## [25 August, 1995 25 August, 1995 j QUEENS L AND GOVERNMENT IND USTRIAL G AZETT E 1263 16165 __1.DOC -- 2 of 2 --