Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Yatala Pies Pty. Ltd. [1995] QIRC 355 (1995) 149 QGIG 1272

1272 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [25 August, 1995 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION industrial Relations Act 1990 s. 147 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Yatala Pies Pty. Ltd. (No. B712 of 1995) YATALA PIES PTY. LT D. INDUST RI AL AG REEMENT COMMISSIONER EDWARDS VARIATION 26 July 1995 THIS matter coming on for hearing before the Commission at Brisbane on 25 May, 4 and 26 July I 995. this Commission doth order that the said Industrial Agreement be varied as follows as from the thirty-first day of July, 1995:- By inserting a new clause 5.7 (TUTA Leave) as follows:- "5.7 TUTA Lea,·e (I) Upon "Titten application by an employee, or the Union on behalf of the employee, to an employer and giving to the employer at least one month's notice, such employee shall be granted up to five working days leave (non -cumulative) on ordinary pay, each calendar year, to attend courses and/or seminars conducted or accredited by the Australian Trade Union Training Authority (TUT A). For the purposes of this clause, ordinary pay shall mean the ordinary weekly rate paid to the employee exclusive of any disabi lity allowances. (2) The granting of TUTA Leave shall be subject to the following conditions:- (a) An employee must have at least six months service with an employer prior to such leave being grant ed . (b) This clause shall not apply to an employer with less than five employees bound by this Industrial Agreement. (c) The maximum number of employees of one and the same employer attending a TUTA course or seminar at the same time will be as follows:- Where the employer employs between 5 - 30 employees Where the employer employs between 30 - 50 employees 2 Where the employer employs over 50 - I 00 employees Where the employer employs over 100 employees 3 4 (d) 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. This shall not prevent an employer from agreeing to release additional employees. (e) The taking ofTUTA leave shall be arranged so as to minimise any adverse a/Teet on the employer's operation. Where an employer approaches the Union and demonstrates genuine difficulties wi th respect to the release of a particular employee at a particular time (including where the employer may have previously advised of its ability to release such employee) the Union will not unnecessarily press its request for the release of that employee at that time. If the matter is not amicably reso lved, it shall be processed in accordance with the Grievance Procedure contained in this Industrial Agreement. ( f) The scope, content and level of the course shall be such as to contribute to a better understanding of industrial relations, industrial efficiency and workplace issues within the employer' s operations. (g) In g ranting such paid leave the employer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangements are instituted to cover the absence of the employee. (h) Leave granted to attend TUTA courses will not incur additional payment if such course coincided with an employee's rostered day off. (i) Th e taking of TUTA Leave will not affect other leave granted to employees under this Industrial Agreement, nor shall it adversely affect the employee's service for the calculation of leave entitlements.". Dated this twenty-sixth day of July, 1995. By the Commission, [L.S.] R.H. BLUMSOM, Industrial Registrar. Operative Date: 31 July 1995 Variation - TUTA Leave Released: IOAugust I 995 16165_1.DOC 25 August, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1273 -- 1 of 1 --