Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 353 (1995) 149 QGIG 1269

1268 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [25 August, 1995 25 August, 1995] QUEENSL AN D GOVERNMENT INDUSTRIAL GAZETT E )269 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COM MISS ION Jndusrrial Relations Act 1990 s. 144 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queens land Branch, Union of Employees AND Queensland Confederation of Industry Limited, Un ion of Employers (No. B605 of /995) PHAR'VIACEUT ICAL EMPLOYEES ' AWA RD - STA TE (EXCLUSIVE OF PUBLI C HOSPITALS) COMMISSION ER BLOOMFIELD 7 July 1995 VARIATION THIS matter coming on for hearing before the Commission at Bri sbane on 7 July 1995, this Commission doth order that the said Award be varied as follows as from the tenth day of July, 1995 :- By inserting a new clause 16A (TUTA Leave) as follows:- "TUTA Leave 16A. ( I) This clause shall not apply to a pharmacy where less than 380 ordinary hours per week are worked under this Award. (2) A Union delegate or duly elected or appointed Union representative shall, upon written application by a Union in respect of which that person is a member, be granted up to five days leave with pay each calendar year, non-cumulative, to attend courses conducted or approved by the Australian Trade Union Training Authority (TUTA) which are designed to promote good industrial relations and industrial efficiency in the retail industry. The Union parties, respondent to this Award, which intend to offer courses that qualify under th is clause shall advise each of the employer associations respondent to this Award of the details of such courses at least three months prior to their proposed conduct. Other courses, not conducted or approved by TUTA but which are agreed 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 delegate or representative to attend a course shall include details of the type and content of the cou rse to be attended as well as the dates upon which the course is proposed lo be conducted. Such application shall be made not less than six weeks before the intended course, or such lesser period as may be agreed between the employer, the Union and the employee concerned. (3) Each employer so approached by written application by the Union shall respond to such application within fourteen days of receipt of such application by advising whether the request for release of the Union delegate or representative is agreed to or otherwise. l f the request is not agreed lo the employer shall state the reasons for such rejection. If the Union making the approach does not accept the reasons for rejection as communicated to it by the employer the rejecti on may be processed as a dispute pursuant to the Grievance and Dispute Settling Procedure of this Award. (4) Only employees who have completed six months of continuous service with their current employer shall be eligible for leave under this clause. In the case where an employee has more than six months continuous service with the employer but is emp loyed in a pharmacy which has not been open for more than six months the emp loyer shall not be required to grant leave during the first six months of such new pharmacy's operation. (5) Subject Lo other requirements of this clause the taking o f leave (to be known as TUTA leave) shall be arranged so as to minimise any adverse affect on the employer's operation. Where an employer approaches the Union and demonstrates genuine difficulties with respect to the release of a particular Union delegate or representative at a particular time (including where the employer might have previously advised of its ability to release such Union delegate or representative) the Union will not unreasonably press its request for the release of that delegate/representative at this time. If the matter is not amicably resolved it shall be processed as a dispute pursuant to the Grievance and Dispute Sett li ng Procedure of this Award. (6) The maximum number of ordinary hours of TUTA Leave which an employer shall be required to grant at each pharmacy within any calendar year sha ll be as follows:- 16165_1.DOC -- 1 of 2 -- 1270 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE No. of Ordinary Hours Worked i\t A Sho p Per Week A380 up to 1140 Hours BI 141 up to 2280 Hours C228 I up lo 3800 Hours OM()re than 3800 I lours No. of Ordinary Hours Leave Per Calendar Ycar 38 76 1 14 152 (7) Al each phannacy the maximum number of employees attending a course at the same t im e sha ll be o ne in category A or two in categories 8 , C or D. This shall not s top an employer from agreeing to release additional employees. (8) Leave of absence granted pu rsuant to this clause shall co unt as service for all purposes of the Award. (9) Each emp loyee o n TUTA leave in accordance with thi s clause shall be paid a ll ordinary time earn in gs which such emp loyee would have been paid had the emp loyee not been a bsen t on such TUTA leave. ( 10) The employer shall not incur any liability with respec t to the costs of trave l to and from the place where the courses are conducted nor to any accomm odation and associated cos ts during such leave. ( 11 ) No additional li ability s hall be in curred by the emp loyer should the co urse a11ended by an emp loyee co incide with any other paid leave arising under th is Award. (12) On comp let ion of the course the employer sha ll be provided with proof of attendance at the course and infonna tion on the nature o f the cou rse . ( 13) In the even t that a scheduled rostered day off. resultin g from a work arrangement estab li shed in accordance with this Award, an Industrial Agreement or a Certified Agreement fa lls within a pe riod of TUTA leave approved pursuant to this clause. no al tern ative da y off shall be subs ti tuted in lieu. ( 14 ) Should an employee granted TUTA leave pursuant to this c lause fa il to attend the nom inated cou rse or any part thereof. the employer shall be notified hy the employee or Union within twenty- four hours or as soon as praclicable, and no payment is to be made by the employer pursuant to this clause in respect o f such TUT A leave fo r the per iod of non-atte ndan ce by the employee concerned. (15) In dete rmining the tcnn ' year· or 'c alendar year' such refe rence shall be deemed to relate to the per iod between I st January and 31 st December each year. ( 16) A register shall be kept by the Union detai lin g the attendance of employees at various courses. If T UT A kee ps such a public register this subclause sh all not apply .' ·. Dated this seventh day or July, 1995. By the Commission. [L.S.] K. 8. PULSFORD, Acting Industrial Registrar. Operative Date: I 0 Ju ly 1995 Variation - TUTA Leave Released : l OAugust 1995 (25 August, I995 25 August, J 995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 127 1 -- 2 of 2 --