Australian Liquor. Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 351 (1995) 149 QGIG 1267

1266 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETT E l25 August, 1995 25 August, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1267 ##########################11#########################11/I# QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relatiom Ac/ I 990 s. 144 - applica ti on for variation Australian Liquor. Hospi ta lity and Miscellaneous Workers Un ion. Queensland Branch. Union of Emplo yees AND Queensland Confederation of Industry Limi ted. Union of Emp loyers (i\'o 8600 of 1995) IIEALHI A~O FITNE SS CENTRES AND INDOOR S PORTS AWARD - S OU TH EAST QUEENS LA ND COMMISSIONER EDWARDS 26 July 1995 VARIATION THIS matter coming on for hearing before the Commissi on at Brisbane on 2 May. 5 and 26 July 1995. this Commission doth order that the said Award be varit.:d as follows as fr om the thirty-firs t day of July, I 995:- By inserting a new c lause 5.6 (TUTA Leave) as follows:- "TUTA Le a,,e 5.6 A Union delegate or duly e lected or appointed Union representative shall, upon written application by the Union to the employer. such application bei ng endorsed by the Union and givt:n to the employer at least two months in advance ( or such lesser period as mutual ly agreed between the union and em ployer/s) , be granted up to five working days· leave (non-cumu lative} on ordinary pay each ca lendar year to attend courses or seminars conducted by the Au stralian Trade Union Training Authori ty (TUTAJ or spec i fic training courses approved and accredited by TUTA. The scope. content and level of such courses or seminars sh all be such as to co ntri bute to a better understandin g of industrial relations within the em ployer 's operations. Other courses mutually ag reed 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 de legate or representative to attend a cou rse shall include details of the ty pe and con ten t of the course to be attended as well as the dates upon wh ich the course is proposed to be conducted. for the purposes of these provisions ·ordinary pay' shall mean the ord inary time eamings paid to the employee exclus ive of any allowances, penalty rates or travelli ng time and fa res. The granting or such leave shall be subject to the following conditions:- (I) The employee must have at least six (6) mon ths continuous servict~ with the employer prior to such leave being granted and be the elected Union delegate/representative. 155223-98 (2) Un less 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:- No . of ordinary hou rs worl<ed by employee s Per Week 400 up 10 2000 hou.rs. 2001 up to 4000 hours 400 I hou rs and over No of Oid inary hours T U TA leave Per Calc:odar Year 40 hou rs 80 hours 160 h ours (3) Where an emp loyer has more than one place of em ployment in Queensland then the maximum number of employees entitled to attend a course al 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 d ifficulties with respect to the rel ease of a particul ar union delegate or represe ntat ive at a particular time (including where the employer might have previously advised of its abili ty to release such union delegate o r representative) the union will not unreasonably press its request for the release of that delegate/representative at thal time. If the matter is not am icably resolved , it shall be processed in accordance with the Grievance Procedures contained in this Award. (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 lo cover the absence of the emp loyee. (6) Leave granted to attend such training courses will not incur any additional payment or altemate time off if such course coincides with an ernployee·s day off in a 19 day month working arrangement, or with any other concessional leave. (7) Such paid leave wi ll not affect other leave granted to employees under this Award. (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 othe r authorised leave. non-attendance at a training course wi ll result in the emp loyee no t being paid for such time.··. Dated thi s twenty-sixth day of July , 1995. By the Commission, IL.S.] R.H. BLUMSOM, Indust rial Registrar. Operative Date: 31 July 1995 Variation - TUT A Leave Re leased: I OAugust 1995 1616 5_ 1.DOC -- 1 of 1 --