Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union or Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 344 (1995) 149 QGIG 1262

1262 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [25 August, 1995 ####################################################### QUEENS LAND IN DUS TRIAL Rl~L AT IONS CO MMIS SION lndusrrial Relations Act 1990 s. 144 · appl ica ti on for , ariat io n 1\u stralian Liq uo r, Hospitality and Misccllancou~ Worke rs Unio n. Queensl an d Branch. Union or Empl o}ees AND Qucc.ns land Co nfederation of Industry L imi ted. Un ion of Em ployers (,\'o 859 i of I 995) 130ARDIM; IIOI SF, ETC. E:\1PLOYEES' AWARO- SO l 'TI I-EASTER :\' OI Y I SIO'i COMM ISSIONER 131..00MFIE I. D 7 Ju ly I 995 VAR IATION THIS matter com ing on for hear ing before the Co mmission at Brisb an e on 7 July 1995 . this Co mmission doth order that the sa id Awa rd be varied as fo llows as from t he ten th day of July. 1995:- 13y inserti ng a new cl au se I JC (TUT/\ I.ca ve) as follows :- "TLTA Leave 11C. (I) /\ Uni on delegate or duly elected or appointed Ur. ion re presema tiv e sha ll, upon ,,T ittcn ap plication by the li ni on to t.he emp lo yer. such app li cati on being endorsed by the Union and gi"e n to t he e mp loyer at lea<a t wo months in ad,·ance (or such lesser pe r iod as mut ually agreed between the Uni on and em pl oycr/s). he gran te.d up to five working days kave (non-c umul ative) on ordinary pay each calendar year to a tt end cou rses or seminars cond ucted by the Australian Trade Un ion Trai ni ng Autho ri ty (TUTA) or specific training c ou rses ap proved an d accred ited by TUT A. The scope, contem and level of s uch courses or seminars shall be s uch as to rnmri bu te to a bcner understanding of industr ia l rela ti ons with in the employer· s operations. Other courses mu tually agreed be tween a Union pany 10 th is Award and an e mp loyer, or e mp loyers, ma y be inc lu ded under th is clause. Any wr il!en applicat ion by a Union seeking release of a delegate or representati ve to attend a course shall in clude detai ls of the ty pe ~n d content of the course to be a tt ended as we ll as the dates upon which the course is propos ed lo be conduc ted . fo r th e purposes of these provisions ·ordinary pay' sha ll mean th e ordinary t im e earnings paid to the employ ee ex clusive o l' any a ll owances, pe na lty rates or travelling ti me and fa res. (2) The granting of such leave sha ll be subject to the follo wing eonditions:- (a) The employee must ha ve at le as t six months continuous service with the employer prior to such leave being granted and be the elected Union delegate/representative. (b) Un less otherwise agreed the max i mum number of ordinary hours of T UTA leave wh ich an employer shall be required to grant each year wiII be as follow s: - No. of Ordinary Hours Worked By Emp lo yees Per Week 380 - 1900 1901 - 3800 380 I and O ve r No . of Ordinary Hours TUT/\ Leave Per Cale nd ar Year 38 76 15 2 (c) Whe re an e mp loyer has more than one place of employme nt in Queensland then the maximum num ber of employees enti tl ed to attend a course a l the sa me time sha ll be two. Th is shall not prevent an e mp loyer from ag reeing to re lease additional employees. (d) T he grantin g of s uch leave sh all be subjec t to t he conven1encc of t he employer so that th e operat io ns of the Enterprise will not be ad versely affected. Where an employer approaches the Uni on and demonstrates genuine di tlicul ties with respect to the release of a panicular Union delegate or representat ive. at a panicular ti me (i ncl ud ing whe re the e mp loyer mi ght have previously advised of itS ab ility to release s uch Un ion delegate or represent ati ve) the Un ion wi ll no t unreasonably press its r eq uest for the release of that dc legate/representalivc at t ha t t im e. If th e matte r is 1101 amicably reso lved, it sha ll be: processed in accordance wi th the Dispute Settlement Procedure con ta in ed in this Award. (e) In grant in g s uch pa id leave, the e mpl oy er is no t responsible fo r any addi ti onal coslS exce pt. th e payment of ex tra re.mune ration whe re rclie"ing arra ngements are insti tu ted by the e mp lo yer to cove r th e absence of the em ploye e. ( I) Leave gran ted to attend s uch tra ini ng courses will not inc ur a ny add it io nal payment or alternate time off if such course coincides with an emp loyee's day off in a 19 day month working arrangement. or ,nth any ot he r co ncessional leav e. (g) Such pa id leave will n ot affect oth er leave granted to e mp ioyecs under this Award. 161 65 __1.DO C 25 August, 1995 j QUEENS L AND GOVERNMENT IND USTRIAL G AZETT E (h ) On co mpl e1ion of the course the employee shal l, up on request, prov i<.le to the em ployer proof of their attendance a! the course. Except in the case of sick leave or other au thorised !eave. non-attendance at a training course wi ll result in th e employee not being paid for such ti me. ", Dated this seventh <.l ay of July. 199 5. By the Com mi ssion. [I ..S.) K.Fl. PlJLSFORD, Acting Industria l Reg istnir. Op erative Date I O July 1995 Varia ti on - TUT A Leave Released : I OAugust I 995 ######## #################### ##################### ###### 1263 -- 1 of 1 --