Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 429 (1995) 150 QGIG 422

422 QUEENSLAND GOVERNMENT INDUSTRIAL GAZE TT E [22 September, 1995 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMJSSION Industrial Relations Act I 990 s . 144 - application for variation Australian Liquor. l lospitality and Miscellaneous Workers Union, Queensland Branch, Union of Em ployees AND Queensland Confederation of Industry Limited. Un ion of Employers (t.:o B i05 of 1995) PHOTO GRAP HI C EMPLOYE ES' A WA RD - STA TE COMMISSIONER BECHL Y 10 July 1995 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on JO May and 10 July 1995. this Commission doth order that the said Award be varied as follows as from the twenty-fourth day of July, 1995:- By inserting a new clause 21A (TU TA Leave) as follows:- "TUTA Leave 2 IA. A Union Delegate or duly elected or appointed Union represen tative shall, upon written application by the Union to the employer, such application being endorsed by the Union and given to the emp loyer at least two months in advance ( or such lesser period as mutually agreed between the Un ion and cmployer/s), be granted up to five working days' leave (non-cumulative) on ordinary pay each calendar year to attend courses or seminars conducted by the Austra li an Trade Union Training Authority (TUTA) or specific train ing courses approved an d accredited by TUTA. The scope, content and level of such courses or seminars sha ll be such as to contribute to a better understanding of industrial relations within the employer 's operations. Other courses mutually agreed between a Union party to this Award and an employer, or employers. may be inc luded under this clause. Any written appl ica ti on by a union seek ing re lease of a de legate or representative to attend a course shall include details of the type and content of the course 10 be attended as we ll as the da tes upon which the course is proposed to be conducted. For the purposes of these provisions 'o rd inary pay · shall mean the ord inary time earnings paid to the emp loyee exclusive of any allowances, penalty rates or travell ing time and fares . '!lie granting of such leave sha ll be subject t0 the follo"~ng conditions:- (I) The employee must have at least s ix months continuous service with t11e employer prior to such leave being granted and be the elected Union de legate/representative. (2) Unless otherwise agreed the maximum number of ordinary hours ofTU TA Leave which an emp loyer shall be requ ired to gram each year will be as fo ll ows:- Number of Ordinary Hours Worked by Employ ees Per Weck 380-1900 1901-3800 380 I and Over Number of Ordinary Hours TUTA Leave Per Calendar Year 38 76 152 (3) Where an employer has more than one place of employment in Queensland then the maximum number of employees entit led to attend a course at the same time shall be two. Th is shall not prevent an employer from agreeing to release additional employees. (4) ll1e granting of such leave shall be subject to the convenience of the emp loyer so that the operations of the Enterprise wi ll no t be adversely affected. Where an employer approaches the Union and demonstrates genuine difficu lties with respect to the release of a particular Union Delegat~ or represemative at a pa rticular time (including where the employer might have previously lldvised of its ab ility to release such Union De legate or representa ti ve) the Union will not unreasonably press its request for the release of that Delegate/representative at that time. If the matter is not amicab ly resolved, it shall be processed in accordance with the Dispute Settlement Procedure contained in this Award. (5) In granting such paid leave, the emp loyer is not responsible for any additi onal costs except the payment of extra remuneration where relieving arrangements are instituted by the employer to cover the absence of the employee. I 6429_ I . DOC IIl I [ 22 September, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL G AZE TTE (6) 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 19 day month working arrangement. or with any other concessional leave. (7) Such pa id leave wi ll not affect other leave granted to employees under this A ward. (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 s ick leave or other authorised leave. non -attendance at a training co urse will result in the emp loyee not be ing pa id for such time.". Dated this tenth day of Ju ly, 1995. By the Commission, [L S.) K.B. PULSl'ORD, Acti ng Industria l Registrar. Operative Date: 24 July 1995 Variation -TUTA Leave Released: 12 September 1995 11 423 16429_1.DOC -- 1 of 1 --