Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 341 (1995) 149 QGIG 1259

- 1258 Q UEEN SL AND GOV ERN M ENT INDUSTRIAL GAZ ETTE [25 A ugu st, 1995 25 August, 199 5.J QUEENSLAND GOV ER NM E NT I NDUS TRI AL GAZ ETfE 1259 ## ##/1##11## # ##11##11/l######ll##ll#lt#########ll###ll##IIII####### QUEEN SLAND INDUSTR IA L RELATIONS COMM I SS ION /11d11S1riaf Rela 11011s Act /990 s. 144 - ap pl ica\i(ln for va ri at ion Au, 1rali an Liquur. Hospi1al11~ and Mi ~ccllancous \\. orkcrs Union. Queensland Arancl1 . Union of ErnplO)C es AND Quecn~land Confedcrauon of lndu~I~ Limited. Un ion of Employers (Ao. R589 of 1995; AWARD FOR AC COMMODATION A'.'i l) C AR E SE RVICE S E!\H'LOYEES I~ II OMES FOR AGED PERSO~S - SO UT II - EASTEll :',' 0 1\I ISIOi\ COMMISSIONER 81.00 M Fl f:.1. D 7 July 1995 VA HI ATION I J!IS mailer com in g o n fo r heari ng bcfort: the Com mi ssio n al Bri s bane on 3 July 1995. Lh is Commission d ot h order that the sa i<l Award he ,ancd a.s follows as from the tenth day of July. 1995:- By in sc 11 ing a 11 t: w clause 16/\ (TUT/\ I.cave} as fo ll ows:- "TI 1TA Lean 16A . ( I ) Upon written applica ti on b} an emp lo ~ee. or the Union on heha lr of the employee. to an emp loyer and g iv in g to the employer al least one mon1h ·s notice. ~uch em pl 0)CC shall he granted up 10 five working days leave (non-cumulative) on ordinal) pay, each calendar year, to ancnd courses and/or seminars conduclcd or accredited by th e Australian Trade Union Training Au thorit) <rur Al. For the purposes of this clau se ·ordinary pay" shall mean the ordinary weekly r ate pa id to the employee exclusive of any db abili ty a ll ow an ces. (2) T he granting or TUT/\ L.:avc shall be subject to thc fo llowing condition s: Ca) An employee must ha, c at least twelve momhs service \\ilh an empki) er prior 10 such leave be in g granted (h) This clause ~hall not apply tO an employer wi th an c4uivalcnt of less than eight full- ti me cmplo)ces hound b) this Award. 16!6~ I.DOC -- 1 of 2 -- 1260 QUEENSLAND G OVERNM ENT INDUSTRI AL GAZETTE (c) The maximum number of employees of one and the same employer attending a TUTA course or seminar at the same time will be as follows :- (i) Where the employer employs between 8 and 30 employees: (i i) Where th e employer employs between 30 and 50 employees: (iii) Where t he employer em pl oys between 50 and I 00 employees: (iv) Where the employer employs over I00 employees: 2 4 (d) Where an employer has more than one place of employment in Queensland then the maximum number of employees enti tl ed to atlend a course at the same time shall be two. This shall not stop an employer from agreeing to release add itional employees. (e) The taking of TUT/\ leave shall be arranged so as 10 minimise any adverse affect on th e employer·s opera ti on. Where an employer a pp roaches the Un ion and demonstrates ge nu in e difficulties with respect to the release of a particular employee at a particular time (includ ing where th e employer may have previously adv ised of its abi li ty to release such employee) t he Union will not unnecessarily press its request fo r the release of that employee at that t im e. If the matter is not amicably resolved, it shall be processed in acco rdance with t he Grievance Procedure contained in this Award. ( I) The scope. content and level of the course shall he such as to contribute to a better understanding of industrial relations, indus tri al efficiency and workplace issues withi n th e employer ' s operations. (g) In granti ng such paid leave the employer is no t responsi ble fo r any additional costs except the payment of extrn rem uneration where rclieving arrangemen ts are instituted to cover the absence of th e employee. (h) Leave granted lo attend TUT/\ courses wi ll no l incur a dd itional paymen t if such a course coincided with an cmployee ·s rostcrcd day off. (i) The tak ing of TUTA leave will not affect other leave granted to employees under th is Award. nor shall it adversc lv affcc.t the employee ·s serv ic e for t he calculation of: lea ve entitlements. (j) Unl.ess otherwise agreed by t he parties, no em ployee shall be reka,cd more th an once in an eighteen mon th period to auend TUT !\ ,o urscs.". Dated lhi s se ven th day of.Inly. 1995. By the Commission, [ LS .] K.B. PU l,SFORD, /\cting Industria l Registrar Operati,e Date: 10 July 19 95 Variat ion -- TU T/\ Leave Rel ea~cd · IO August i 995 [25 August, 1995 25 August, 199 5] QUEENSLAND GOV ERN ME NT IN DUS TRIA L GA ZETTE 1261 -- 2 of 2 --