Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Brisbane Market Trust [1995] QIRC 426 (1995) 150 QGIG 419

4 18 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [22 September, 1995 r l 22 September, 1995) QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 419 ####################################################### QUEENSLAND INDUSTR1AL R£LA TI ONS COMMISSION Industrial Relations Ac/ 1990 s. 147 - application for variation Australian Liquor, Hospitality and Misce llaneous Workers Umon. Queensland Branch. Union of Employees AND Brisbane Markel Trust (No 8692 of 1995) BRISBANE MA RKET TROST- MA RKET OFFICE RS IND USTRI AL AGRE EM ENT COMMISSIONER BECHLY I0July 1995 VAR1ATION TIIIS matter coming on for hearing before the Commission at Brisbane on 10 May and 10 July 1995, this Commission doth order that the said Agreement be varied as follows as from Lhe twenty• fourthdayofJu ly, 1995:- By inserting a new clause 5.6 (TUT/\ Leave) as follows:- "5.6 T UTA Leave A Union Delegate or du ly elecled or appointed Union representative shall, upon written appl ication by the Union to the employer, such application being endorsed by the Union and given to tJ1e employer at least two months in advance ( or such lesser period as mutually agreed between the Union and emp loyer/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 Australian Trade Un ion Training Authority (TUTA) or specific training courses approved and accredited by TUT A. The scope, content and leve l of such courses or seminars shall be such as to contribute to a better understanding of industrial relations within the employer· s operations. Other courses mutually ag reed between a Un ion party to this Award and an employer, or emp loyers, may be included under this clause. Any written application by a union seeking release of a delegate or representative to attend a course s hall include details of the type and content of the course to be attended as well as the dates upon which the course is proposed to be conducted. For the purposes of these provisions 'ordinary pay ' shall mean the ordinary time earnings paid to the employee exclusive of any allowances. penalty rates or travelling time and fares. The granting of such leave shall be subject to ilie following conditions:- (I) The employee must have at least twelve months continuous service with the employer prior to such leave being granted and be the elected Un ion delegate/representative. 16429_!.DOC -- 1 of 2 -- 420 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE (22 September, 1995 (2) Unless otherwise agreed lhe maximum number of employees of one and the same employer attending a train ing cou rse or seminar each year wi ll be as follows:- Whe re the employer employs between I O - 50 empl oyees I Where the employer employs between 51 - 100 employ ees 2 Wilere the employer employs over I 00 employees 4 (3) Wh e re an em ployer has more th an one place of employment in Queensland then the maximum number of e mp loyees ent itled to attend a course at the same time shall be two. This shall not prevent an emp loyer from agreeing to release additiona l employees. (4) The gr anting of suc h leave sha ll be s ubjec t to lhe convenience of the employer so that the operations of lhe Enterprise will not be ad versely affected . Where an employer approaches the Union and dem onstrates genuine d iffi culties with respect to the release of a part.icular Un ion Delegate or representa ti ve at a particular time ( inclu ding where the employer might ha ve prev ious ly advised o f its ability to release s uch Un ion Delegate or representa ti ve) the Union will not unreasonab ly press itS request for the release of lhat Delegate/representative at t hat time. If the matter is not am icably resolved , it shall be processed in accordance w ith the Dispute Settlement Procedure contained in th is Agree ment. (5) In granting such paid leave, the employer is no t respons ible for any add itional cos ts except the paymen t of extra remuneration wh ere relieving arrangements are instituted by the em ployer to cover the absence of the employee. ( 6) Leave granted to attend such training courses will not incu r any additional payment or alternate t im e off if such course coincides with an employee's day otT in a 19 day month working arrangement. or with any othe r concess ional leave. (7) Such paid leave will not aflect other leave granted to employees under this Agreement. (8) On co mpletion of the course the emp loyee shall. upon request, provide to the employer proof of thei r attendance at the course. Except in the case of s ick leave or other autho ri sed leave, non-attendance at a training course will result in the employee not being paid for such time.". Dated this tenth day of July. 1995. By the Commission, [ LS .) K.8. PULSFORD, Acting Industrial Registrar. Operative Date: 24 Ju ly 1995 Y,1riation -TUTA Leave Released: 12 September I 995 22 September, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 421 !l I) ) I f. -- 2 of 2 --