Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 346 (1995) 149 QGIG 1264

1264 QUEENSLAND GOVERNMENT INDUST RI AL GAZETTE [25 August, 1995 #################/1#####11################# ############## QUEENSLAND IND U STl{IAL RELATto;s.;s COMMISSION /ndus/rial Re/a1ions Ac1 1990 s. 144 - app lication for variation Aus tralian Liquor. Hospitali ty and Miscellaneous Workers Union. Queensland Branch, Uni on of Employees ,\ND Queens l and Confederation of lnd us t r) Limi ted. Union of Employers (No 8592 of /995) 8OARDl c\G IIOliSE, ET C., F. .\<I PLO VHS' AWARJ> - SOl"TII-E ASTF. Ri\ Dl\ ' ISIO!\ - "iATI O.\AL PARK Gl!EST IIO FSES I ND USTRI AL ACREE::VI E '.'i T COMMISS IONER BLOOMFIELD VARIATION 7 July 19 95 T II IS matter com ing on for hearing before the Commission at Brisbane on 7 July 1995. this Commission doth order that the said A\\'ard he varied as fo ll ow~ as from the tenth <la) of.July, 1995:- By inserting a new clause 6A (TllTA I.cave) as follow~ :- "TlTA Leave 6A. (I) A Union de le gate Cl r J uly cl c<.:ted or appointed lJnion rcpr csen t ati, c shall. upon wr i1ten ap p li cation by the Union to th e crnp loyl'r, such application being endorsed by the Union anJ gi,en to th e employer at l eas ( t wo momhs in advance / or such l ess er peri od as mutually agree d bet we en the Union and crnp loycr/s). be granted up to fi ve worl,;ing Ja ys lea, c (non-cumulati ve} on ordinary pay each ca kn dar yea r to attend cou r ~cs or sem inar~ condu w:d by th e /\ ustrali an Trade Union Training Authority (TUTAJ or speci fic traini ng cou rses ap proved and acc redi ted by TUT.I\. The scope. content and l eve l of uch cou r ses or se minars sha ll he ~uch as lo cnn trihutc to a bc1ter understanding of inJustri al relations w ithin th,: cmploycr·s operations. Ot he r courses mu tu ally agreed hc1wcen a Union party to this /\ward and an employer. or employers. may be inclu ded under this clause . t\ny "T i lten application by a Union seeking release of a delegate or rcpn: s(.·n tativc LO attend a co ur se sh all include detai ls of the type and content of t he cour.;c to be attended as we ll a~ the da tes up(ln wh ich th e cou rse is proposed to be conJuctcd. for the purposes of the,c pro,·isions ·ordinary pay· shall mea n the ordinary ti me ea rni ngs pa id lo the employee cx c.lu~ive of ai1y allowances. penalty r ate s or lrnvc l ling ti me and fares . (2) The granti ng of such leave shall be subject to t he follow i ng condi ti ons: - (a) lhe employee must have at l east six months conti nuous service with the employer prior to such l eave being granted anJ be the elected Uni on de legate/repre se ntative. (b) Un less otherwise agreed the maximum number of ordinary hours of TUTA leave which an em ployer sha ll be requi red to grant each year w i ll be as fo ll ows:- No . of Ordinary Hours Worked By Employees Per Week 380 - 19 00 190 1 - 3800 3801 and Over No. of Ordinary Ho urs TUT A Leave Per Calendar Year 38 76 152 (c) Where an em ployer has more than one place or employment in Queens l and then the maximum number of employees entitl ed to a1tend a course at the same time s ha ll be two. This shall not prevent an empl oyer from agreeing to release add itional emplo yees . (d) T he granting of such leave sha ll be subject 10 th e convenience of the employer so tha t the operations of the Enterpri se wi ll not be adversely affected. Where an emplo) er approaches the Un ion and demonstrates ge nuine di ffi cu lt i es w ith respect to the rel ease of a pa rt icular Union ddegate or representative al a particular time (including where the employer might have previously advised of i ts abili ty to re l ease such Union delegate or representati ve) the Unio n will not unreasonably p ress i ts req ues t for the re l ease of that de legate/representati ve at that time. If the matter is not amicahly re so lved. it shall be processed in accordance with the Dispute. Settlement Procedure con tai ned in this Awa rd . (e) In granting such paid leave. th e employer is not responsible for any additional costs except the payment of extra remuneration where rel ieving arrangemen ts are insti tuted by the employer to cover the absence of the employee. (f) Leave granted to attend such trai ning courses will not incur any adJi tiona! payme111 or alt ernate time off if such cour se coi nc i des \\'ith an employee's Jay off i n a 19 day month working arrangement, or w i th any o th er co nces sional leav e. (g) Such paid leave will not affect other l eave granted to empl oyees unJer this A ward. (h) On completion of th e course the emplo yee sha l l. upon request. provide to the employer proof of their a1tenda nce at the cnu r sc . Except in the case of s ick leave or other authorised leave, non-attendance at a train ing course will result in Lhe employee not being paid for suc h time.". Da ted this seventh day of Ju ly. 1995 . fly t he Commission, I L.S .] K B. PULS FORD. Ac ti ng Industr ial Registrar. Operati ve Date : 10 July 1995 Va r iation -- TUTA Leave Released I O August 1995 16165_ 1.DOC 25 August, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1265 -- 1 of 1 --